Loading...
HomeMy WebLinkAboutAgenda Packet 08/28/1990 # PUBLIC REVIEW COPY # PLEASE DO NOT REMOVE FROM COUNTER A G E N D A ATASCADERO CITY COUNCIL ADJOURNED REGULAR MEETING Atascadero Administration Building, 4th Floor 6500 Palma Avenue Tuesday, August 28 , 1990 . 6 :00 p.m. Call to Order Roll Call City Council Comment 1 . RECYCLING COMMITTEE PRESENTATION RE MANDATORY PICK-UP AND CURBSIDE RECYCLING 2 . _REQUEST FOR EXTENSION OF CONTRACT WIL-MAR DISPOSAL 3 . UPDATE ON DISCARDED APPLIANCES PICK-UP SERVICE PROPOSED BY DENNIS BRYANT MEETIy1&/90 AGENDA 1 • RECYCLING COMMITTEE REPORT TO THE CITY COUNCIL I . Introduction The Recycling Committe was appointed by the City Council as an Ad Hoc Committee to investigate methodology for reducing the solid waste stream and promote the recycling of materials that have traditionally been discarded as trash . The Committee has met regularly for the past year to discuss and research the wide range of topics associated with solid waste . The term recycling is often implied to mean the full array of alternative methods for reducing the quantity of waste that is currently disposed of at the landfill . The more strict meaning of recycling is the extraction and reuse of materials from the waste stream. The Committee quickly realized that recycling is only one component of the larger task of reducing the volume of solid waste . The enactment of tough solid waste legislative mandates coupled with emerging alternative waste handling technology and a growing public concern over the environmental problems caused • by landfills , is causing a complete re-shaping of our waste disposal practices . To achieve more environmentally sensitive techniques of handling solid waste will require considerable time and effort . The, Recycling Committee is pleased to present this report to initiate a program to redirect Atascadero' s waste disposal practices for many decades into the future . II . Administration -------------- The administration of an integrated waste management program will require cooperation and manpower . An on-going educational and advertising program must be established. City staff must be available to coordinate th program as well as administer contracts , liaison with regional planning efforts and update the City Council . A group of people trained to assist commercial , industrial , and multi-family units should be available to the community as ombudsmen and waste auditors . • 1 • III . Recycling_vs ._Precycling In an emerging technical field, new terminology often easily conveys important new concepts . The term "Precycling" is such a term. It refers to the wide variety of methods to keep solid waste from entering the waste stream. Examples of precycling include : (1) Encouraging product manufacturers to minimize bulky, non-recyclable packaging; (2) encouraging consumers to buy products that are sold in recyclable packaging; (3) utilizing techniques that do not generate disposable solid waste, such as bringing carrying containers to stores or using cloth diapers rather than disposable ones ; and (4) becoming more aware of everyday activities that produce significant quantities of solid waste and then looking for methods to change that activity to reduce waste production . The concept of recycling is often viewed rather narrowly . Taking glass , aluminum, and newspaper to a recycling center is the common concept of "recycling" . However, reusing materials at home or business is an often overlooked method of recycling. Composting yard waste , cutting up tree trimmings and old wood for kindling, swapping excess paint with neighbors , using newspapers for mulch , taking waste oil , tires , etc . , to area recyclers and a host of other practical techniques can be employed to increase recycling and decrease trash volume . • IV . Recycling_Goals_and_Strategies State law requires that cities reduce the volume of solid waste entering landfills by 25% by 1995 and 50% by the year 2000 . The goal of the recycling program described in this report is to reduce the waste stream 25% . Expansion of this program and the implementation of additional waste reduction strategies will be necessary to reach the 50% reduction mandated by state law . To effectively intercept and control the flow of waste to the landfill , plus fairly distribute the cost of waste recycling and disposal , it is essential that Atascadero implement a mandatory waste collection system. Monitoring the volume and composition of the waste stream without total participation would be impossible . Revenues generated from the sale of materials collected for recycling can be expected to cover only a fraction of the total cost of collecting, processing and marketing these materials . This service is best financed by incorporating the cost of the program in the monthly garbage collection rate . Additionally, mandatory garbage collection reduces the incidences of illegal dumping and burning plus reduces the amount of traffic at the landfill . • 2 • The garbage collection rate structure is another factor that influences the success of waste reduction and recycling programs , Traditional flat-rate and variable-can rate systems provide little to no incentive to reduce waste . A volume-based rate structure charges for the amount of garbage collected, thereby providing an economic incentive to reduce waste . Atascadero should base its garbage collection rate on a volume- based system. A. Curbside Collection of Recyclable Materials The purpose of this program is to provide a convenient means for local residents to remove recyclable materials from the waste stream and promote the concept of recycling and waste reduction . The emphasis is on maximizing participation by (a) making pickup convenient , and (b) structuring the rate schedule to provide an incentive to recycle and reduce waste . This program will initially be available to all single-family residences with eventual expansiion to multi-family and commercial establishments . The materials targeted for collection include : glass , aluminum, tin cans , PET (plastic beverage containers) , HDPE (plastic milk containers) and newspapers . • Program Description : 1) All single-family residences will receive three 12 gallon stackable containers . Newsprint will be placed in one container . Mixed glass will be placed in another container . All other items will be placed co-mingled in the third container . This system provides for the convenient separation and storage of recyclable materials in the home . It segregates the materials in a manner that minimizes contamination and facilitates collection , processing and marketing. 2) The containers will be placed at the curbside to be picked up by the garbage company on the same day as the regular garbage collection . 3) Recycled materials will be transferred to appropriate storage/shipping containers and transported directly to recycling mills or in the case of the co-mingled materials , transported to a processing facility where the items will be separated and sold. It is vital that reliable sources be found to accept the collected materials and contracts negotiated. The City must take all precautions to insure that a market for the recyclable materials be maintained. • 3 B. Curbside Pickup of Yard Waste • Yard waste, which is commonly called ''green material'' consists of lawn clippings , leaves , trimmings , and similar organic waste . Green material represents approximately 30% of the waste stream. . The material is either tied into bundles or stuffed into large, clearly marked garbage cans or recyclable paper bags . The bundles and bags are collected with a separate garbage truck which is capable of compressing the waste material along the pick-up route . The green material is transported to a processing site . The exact method for processing this material is still under study . However , the general concept is to chip, mulch and screen the material into a form that can be spread along pathways , or used in a variety of landscape applications . Currently , regulations regarding the composting of material , particularly when combined with sewage sludge, are somewhat vague and subject to constant change . In addition, composting requires additional equipment and considerable manual labor . It appears prudent to slowly transition into a composting operation . Program_Description ; 1 . Establish the framework for a green material collection • program by advertising the service and distributing appropriate instructions and materials . 2 . Contract for a garbage truck to collect and compact the materials . This will require establishing rates and routes and pick-up schedules . 3 . Designate a processing yard, purchase a grinder and/or chipper , construct the necessary yard improvement , including overhead covering, ramps , storage bins , electricity and plumbing . Alternatively, this processing operation could be contracted out to a private firm. 4 . Arrange for the material to be transported from the processing yard and used in the community . City parks and maintenance operations could use a small portion of this material , however , it would be necessary to contract with some private topsoil/mulch distributor to find a permanent market for a reliable source of disposal . 4 • • C . Recycling of Special Wastes Several types of waste materials are not conducive to regular curbside collection . White material (ie, large appliances) can be disassembled at facilities with special equipment to remove recyclable components . Scrap wood from construction sites or demolition projects can be chipped and sold to waste-to-energy plants . Rubble, broken concrete , and other inert aggregate can be crushed and screened and used for a variety of construction uses , such as fill and erosion protection . Each of these special wastes must be handled with a separate program. In the case of white materials and other large household items , it is recommended that the garbage company provide for the curbside collection of these materials on a periodic basis perhaps quarterly or semi-annually . Recycling of other special wastes is probably best handled by independent contractors . The City may facilitate this recycling effort by providing a transfer station to simplify the collection and transportation of this material . V . Public_Awareness_and Education • Public awareness and education is essential to the success of our recycling and waste reduction program . The task of reshaping society' s attitudes and habits involving waste disposal is a formidable one . It can only be achieved through a cooperative and persistant campaign of education . Public forums , educational programs in the schools , informational brochures and media advertising should be used collectively to desseminate information to Atascadero residents on recycling and waste reduction . Informational campaigns should precede the implementation of new programs and continue throughout the duration of the program. The City , the Recycling Committee and the Garbage Company should all take an active role in the public education process . VI Regional-Planning_and_Coordination ------ ------------ Atascadero cannot conduct its recycling program in a vacuum. State Law AB 939 and several other laws encourage regional cooperation . Currently, San Luis Obispo County and its seven cities are actively involved in a regional program to reduce and recycle the waste stream. • 5 It is premature to guess the types of programs this • planning effort will recommend. The magnitude of the regional program indicates that regional recycling facilities will not be in operation before 1993 . However, once in place, the regional facilities will benfit from an economy of scale and a program size that Atascadero can never expect to reach acting alone . This presents a challenge . During the next two to three years the City will need to reshape the attitude of our society toward trash collection , processing, and disposal . Programs must be developed to reduce, reuse, and recyle our waste products . yet , it would be imprudent to invest money in expensive trash reduction facilities that could be replaced by a regional facility in five years . A key to meeting this challenge is to concentrate on low technology solutions . The programs described above are representative of these low technology solutions . (1) curbside collection of recyclables and green material , (2) simple sorting and grinding to process the material , and (3) the use of independent contractors to recycle the special waste products . Finally , a concentrated effort must be made to find markets and uses for our diverted material . VII . Summary-andRecommendations • The programs described in this report are designed to accomplish several important goals . They will begin to reshape the public' s attitude about solid waste and the host of problems it creates . When fully operational , they are expected to divert approximately 25% of the waste stream from the landfill . Finally , they are designed to easily adapt to the rapidly changing technologies and processes of the solid waste and recycling industries and integrate readily with regional facilities planned for the near future . The Recycling Committee recommends that the City adopt mandatory garbage collection with a volume-based rate structure . This service should include the periodic collection of "white goods" and other large household furnishings . The Committee further recommends the implementation of residential curbside collection of traditional materials and yard waste . 6 • iATASCADERO WASTE COLLECTION DATA Current : Actual Commercial Tonnage 68 tons/wk 33% Multi-Family Res . 37 tons/wk 18% Single Family Res . 98 tons/wk 48% TOTAL 203 tons/wk TOTAL RESIDENTIAL TONNAGE = 135 tons/wk 66% Number of Single Family Residential Accounts = 4155 86% Number of Commercial Accounts (Inc . Apartments) 652 14% Wil Mar currently services approximately 70% of the single family residences in Atascadero . With_Mandatory-Co-llection :-- Estimated ---- -------- --- Commercial Tonnage 68 tons/wk 28% Multi-Family Res . 37 tons/wk 15% Single Family Res . 140_tons/wk 57% TOTAL 245 tons/wk • Number of Single Family Residential Accounts = 5935 90% Number of Commercial Accounts (Inc . Apartments) 652 10% TOTAL RESIDENTIAL TONNAGE = 177 tons/wk 72% NOTE: This table is not referenced in the report . It is for informational purposes only . 7 REPORT TO CITY COUNCIL Meeting Date: 8/28/90 CITY OF ATASCADERO (6:00 P.M. SESSION) Through : Ray Windsor , City Manager Agenda Item: 2 //►► From Mark Joseph , Administrative Services Director 1 4lr SUBJECT: Extending Wil-Mar Disposal Contract RECOMMENDATION: Staff recommends Council review the attached request from Wil-Mar Disposal and give direction to staff. BACKGROUND: Staff received the attached request from Wil-Mar Disposal to extend its ' contract an additional two years from December 31 , 1992 to December 31 , 1994. The request is based on the Capital planning needs for a move towards mandatory collection and recycling . ALTERNATIVES: 1 . Council can approve the extension. Wil-Mar would be able to plan for the additional acquisition of equipment for both mandatory collection and recycling services. Actual service rates would still be subject to Council approval . 2. Council can decline the extension request and direct staff to competitively bid for disposal and recycling services. This is based on the fact that a shift to both mandatory service and recycling significantly alters the service level and therefore warrants a re- examination of service providers. MJ/ld Attachment • WRIGHT & SANDERS A LAW CORPORATION TELEPHONE (B OS) 466-902 WILLIAM D. WRIGHT (RETIRED) 5950 ENTRADA AVENUE FAX BETTY R. SANDERS ATASCADERO, CALIFORNIA 93422 (SOS) 466-9098 June 11 , 1990 Ray Windsor R 'F- C �"� City Manager City of Atascadero Post Office Box 747 CITY MGR Atascadero, CA 93423 Re: Contract Extension/Wil-Mar Disposal Dear Mr . Windsor : On May 13 , 1985, Wil-Mar Disposal Company and the City of Atascadero entered into a Solid Waste Collection Contract . By its terms (see Paragraph 2) said contract may be extended for a 2 year period so long as the total contractual period does not exceed 5 years . On November 22, 1988 , the City Council approved a 2 year extension of that contract . A resolution to that effect was adopted December 13 , 1988, extending the contract to December 31 , 1992 . This leaves only 2 2 years of the term. Given the need to implement mandatory collection and a curbside recycling program, both of which will require capital asset acquisitions , we respectfully request that you request the Council to extend the contract for 2 years to December 31 , 1994. We further request that the contract be amended to include within the Scope of Work the curbside collection of recyclable materials within the City. Pursuant to §6.4 . 13(f) of the Atascadero Municipal Code "the City Council , by resolution, shall have power to provide for the inclusion in the contract agreement of such terms as it deems necessary to protect the interest of the City. " We respectfully submit that the above stated requests are in the best interest of the City of Atascadero. Very truly yours , 21R. SANDERS BRS/baw is C. C. William Gibbs Wil-Mar Disposal Company r REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: 3 Through : Ray Wirdsor , City Manager Meeting : 8/28/90 (6:00 p.m. Session) From: Mark Joseph , Administrative Services Director SUBJECT: Old Appliance Disposal Service RECOMMENDATION: Staff proposes Council review this report , and select one of the options below. BACKGROUND: At its July 24 , 1990 meeting Council considered Dennis Bryant ' s proposal to pick up and dispose of old appliances at no cost to citizens . The cost , estimated at $13,000 annually, would COME? from the City ' s General Fund . Mr . Bryant ' s proposal is attached . The matter was referred to the Re_ycling Committee , which considered the matter at its July 26 meeting . The Committee heard additional information and although sympathetic to Mr . Bryant ' s plight , was not that supportive of the concept . A summary of their meeting is also included . At this point , Council has at least three options : 1 . Take no further action. In this alternative, Council would find that the problem is not significant enough to warrant City funds. 2. Defer the matter until _the_issue_ of mar;datordis�osal service is resolved . This implies that the Service could be included as part of the Waste Disposal Company ' s responsibility , and either charged separately or included in the new disposal rates. 3. Proceed with a Request for Proposals and_ select_ a_pr9_•__ider for the service. The costs would initially be absorbed by the General Fund , although cost recovery could be achieved through a waste disposal surcharge. • M E M O R A N D U M Dater August 9, 1990 To : Councilmembers Through : Ray Windsor , City Manager From: Mark Joseph , Administrative Services Director Subject : Update on Old Appliance Pick-Up Service At their July 24, 1990 meeting , Council directed staff to refer the above service, proposed by Dennis Bryant , to the Recycling Committee for review. The Recycling Committee met on July 26 and reviewed the matter . Based on news coverage of the proposal , Mr . Heilman (of Heilman ' s Salvage) attended the meeting and provided additional information. In addition, Wil-Mar Disposal representatives were also present . Based on the information supplied , the following observations were made: 1 . Residents who need their old appliances removed have at least three alternatives: a . ) Wil-Mar will pick-up and remove the appliance for a fee; b . ) Heilman ' s will take appliances for $5.00 per unit ; and c . ) Chicago Landfill will take appliances for $10.00 ( they transport them to Heilman ' s and pay the $5.00 fee) . Thus, although the service is not free, it is relatively inexpensive, and there is curbside pick-up available. 2. Practical problems could emerge if the service was established : a. ) Appliances from outside City limits could be " imported" at Atascadero Taxpayer ' s expense; b . ) if Mr . Bryant intended to use his existing site to process the appliances, a serious nuisance problem would quickly develop , aggravating the existing situation; and c . ) the service should be limited to residents only. This restriction would not resolve Mr . Bryant ' s problem of illegal dumping and could lead to the appearance of a conflict of interest (e.g . , allegations that he-used taxpayer ' s dollars to dispose • of his surplus appliances) . 3. As an alternative, the service could be integrated into a mandatory disposal plan and factor the service cost into the rates. • Overall , the Committee was not very supportive of the proposal . They felt the problem as identified was not as wide spread as suggested and that the $13,000 could be better allocated towards other solid waste-related services. The Committee was sympathetic , however , to Mr . Bryant ' s plight as a victim of illegal dumping . In light of the fact that the Recycling Committee will be making a presentation on Solid Waste on August 28th , I would recommend this be discussed further at that time. In the meantime I will proceed with a draft RFP. c\appliance • City of Atascadero c/o Mr. Windsor 6500 Palma Ave. Atascadero, Ca. 93422 • SUBJECT: Appliance pp nce Removal Problem. Dear Mr. Windsor, The city of Atascadero has received numerous complaints regarding the unscreened storage and dumping of appliances. Our business AKA SOS Appliance Repair located at 5925 Entrada, has become the focal point of this problem. People have for years now been dumping appliances in the creek beds or in alleys, but this problem has currently magnified Heilman's Salvage now charges for all appliances, Chicago Landfill won't take them, and now the Thrift Shop put up a fence and won't accept them at all. People are freely dumping their trashed appliances behind our building when we're closed, which turns this into a major problem for us. This puts us in violation of Section 9-6.103 of Title 9 of the Municipal Ordinance. The City has a definite problem that will only get worse. People will throw or dump an appliance anywhere,now that it's so hard to dispose of one properly. The danger of a child getting stuck inside one alone, should make the City sit up and take notice. PROPOSAL: Our proposal to the city is to obtain an annual grant for our business to have a weekly pick un date where we would pick up people's • appliances. There would be no fee to the individual and we would dispose of them properly. We have figured it would take about $13,000 annually to make this work. If the City agrees to this proposal, we will write up a legal proposal and acceptance to that fact. We guarantee this will solve the problem this City has and will ensure a cleaner and safer future for Atascadero. BREAKDOWN: The City's annual grant of $13,000 would be broken down as such: A- Employee expenses B- Truck expenses C- Disposal expenses D- 20% administration fee Please respond to this notification by July 25th so we can make arrangements with you indicating our proposed course of action and time table. Respectfully, Dennis Bryant (owner) AKA- SOS Ap;l11 ce Repair 5925 Entrada Ave. Atascadero, Ca. 93422 461-1771 • * NOTICE: The City Council will meet in open session com- mencing at 6 : 00 p.m. , 4th Floor Club Room, for purposes of receiving a presentation by the City' s Recycling Committee . A G E N D A ATASC'ADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM AUGUST 28, 1990 7 : 00 P .M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54954 . 2 . By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item . In addition to any action identified in the brief general description of each item, the action that may be taken shall include : A referral to staff with specific requests for information; continuance; specific direction to staff con- cerning the policy or mission - of the item; discontinuance of consideration; authorization to enter into negotiations and exe- cute agreements pertaining to the item; adoption or approval; and, .disapproval . Copies of the staff reports or other documentation relating to each i:em of business referred to on the agenda are on file in the office of the City Clerk, available for public inspection during City Hall business hours . The City Cleric will answer any questions regarding the agenda. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five ( 5 ) minutes . * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion . Call to order Pledge of Allegiance Roll Call City Council Comment : - Proclamation: "National Check-Up Week" , September 9-15 , 1990 COMMUNITY FORUM: The City Council values and encourages exchange of 'ideas and comments from you, the citizen . The Community Forum periodisprovided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules ,will be enforced: * A maximum of 30 minutes will be allowed for Community Forum,. unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof . No person shall be permitted to make slanderous , profane or personal remarks against any _Council Member, commissions & staff . A. CONSENT CALENDAR : All matters listed under Item A, Consent Calendar, are con- sidered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items'. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be re- viewed and acted upon separately lafter the adcption of the Consent Calendar. where ordinance adoption is involved, action by Council on the Consent Calendar will presuppose waiving of the reading in full of the ordinance in question 1 AUGUST 14 , 1990 CITY COUNCIL- MINUTES 2 . MINUTES OF BUDGET HEARINGS HELD JUNE 25 , 27 , 2a & JULY 5, 1990 (Cont' d from 8/14/90) 3 . CITY TREASURER' S_ REPORT JULY 1990 4 . FINANCE DIRECTOR' S REPORT - JULY 1990 ` 5 ACCEPTANCEOFFINAL PARCEL MAP 9-87, 9000 ATASCADERO AVENUE TO DIVIDE ONE PARCEL OF 1 .0 AC. INTO TWO LOTS ( Kuhlman/Baum Berger) 6 . ACCEPTANCE OF FINAL PARCEL MAP 26-87 11300 VIEJO CAMINO TO DIVIDE ONE PARCEL OF 27 . 01 AC. INTO FOUR LOTS CONTAINING -8 . 52 , 4 . 23 , 6 . 59 AND 7. 67 ACRES (Bordeaux House/VandenBerghe ) 7 . AUTHORIZE POLICE DEPARTMENT AUCTION OF UNCLAIMED PROPERTY AND SURPLUS CITY PROPERTY 8 . RESOLUTION NO. 109-90 - CREATING EX-OFFICIO YOUTH REPRESENTA- TION ON CERTAIN CITY_ COMMISSIONS AND COMMITTEES 9 . ANNUAL RATIFICATION OF AREA COUNCIL JOINT POWERS AGREEMENT 10. EMPLOYEE COMPENSATION: A. RESOLUTION NO. 106-90 -ADOPTING A SALARY/CLASSIFICATION SCHEDULE & BENEFITS FOR CONFIDENTIAL EMPLOYEES B. RESOLUTION NO. 105-90 - ADOPTING A SALARY/CLASSIFICATION SCHEDULE & BENEFITS FOR MID-MANAGEMENT/PROFESSIONAL EMPLOYEES C. RESOLUTION NO. 107-90 - ADOPTING A SALARY/CLASSIFICATION SCHEDULE & BENEFITS FOR MANAGEMENT EMPLOYEES D. RESOLUTION NO. 108-90 - AMENDING EMPLOYMENT AGREEMENT FOR RAY WINDSOR, CITY MANAGER B. HEARINGS/APPEARANCES : 1 . RESOLUTION NO. 103-90 - ADOPTING ROAD STANDARDS AND POLICIES (Cont' d from 8/14/90) 2 , TENTATIVE PARCEL MAP 19-89 - APPEAL BY CITY STAFF OF THE ROAD IMPROVEMENT CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION, 7675 BELLA VISTA (Gearhart/Sierra Vista) ( Cont ' d from 8/14/90) 3 . PRECISE PLAN 28-90 - APPEAL BY JOHN FALKENSTIEN OF ROAD IM- PROVEMENT CONDITION OF PRECISE PLAN, 8705 SANTA CRUZ ROAD 4 . PRECISE PLAN 70-90 APPEAL SY ROBERT GARDNER OF ROAD IMPROVE- MENT CONDITION OF PRECISE PLAN, 14405 SANTA ANA ROAD 5 . TENTATIVE TRACT MAP 2-90 - APPEAL BY RICHARD MONTANARO OF PLANNING COMMISSION DENIAL OF PROPOSED TRACT MAP (CONDOMINIUM CONVERSION) , 11145 EL CAMINO REAL (Continue to September 11 , 1990, at request of applicant) C. REGULAR BUSINESS 1 . REQUEST FOR WAIVER OF HOOK-UP FEES ALONG A SEWER EXTENSION ON MOUNTAIN VIEW ROAD (Jacobs ) - Recommend Denial 3 2 . CITY ADMINISTRATION .BUILDING OFFICE REORGANIZATION AND IM- PROVEMENTS - REQUEST AUTHORIZATION TO PROCEED' D. INDIVIDUAL DETERMINATION AND/OR ACTION : 1 . City Council : A. -Committee Reports (The following represents ad hoc or standing committees . Informative status reports will be given, as felt necessary. ) ; 1 City/School Committee 2 . North Coastal Transit 3 . S .L .O. Area Coordinating Council 4 Traffic Committee 5 . Solid/Hazardous Waste Mgmt. Committee 6 . Recycling Committee 7 . Economic Opportunity Commission 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 City Manager NOTICE : THE COUNCIL WILL ADJOURN TO 5 : 00 P .M. ON THURSDAY, AUGUST 30TH, 4TH FLOOR CLUB ROOM, FOR PURPOSES OF INTERVIEWING APPLICANTS TO THE CITY'S PARKS & REC- REATION COMMISSION. SAID INTERVIEWS ARE OPEN TO THE PUBLIC. 4 44 P R O C L A M A T I O N "National Check-Up Week" September 9-15 , 1990 WHEREAS, more than 34 , 000,000 Americans are hospitalized each year; and WHEREAS, nearly 66 , 000 , 000 Americans are afflicted with some form of heart or blood vessel disease; and WHEREAS, approximately 34 , 000 , 000 Americans between the ages of 24 and 74 suffer from obesity;. and WHEREAS, more than 60, 000, 000 Americans suffer from high blood pressure; and WHEREAS, an estimated 25 percent of adult Americans have ele- vated blood cholesterol levels; and WHEREAS, annual medical check-ups can decrease the number of hospitalizations, reduce the likelihood of a serious illness or premature death and curb escalating health care costs; and WHEREAS, annual medical screening may reveal previously un- detected high blood pressure, high blood cholesterol, cancer and obesity-related ailments; and WHEREAS, the ?resident of the United states has called upon the American Public to observe National Check-Up Week, September 9-15 , 1990, with appropriate programs, ceremonies and activities; NOW, THEREFORE, I Robert B . Lilley, Mayor of the City of Atascadero, do hereby proclaim the week of September 9-15 as "Atascadero Check-Up Week" and urge all scientific, medical, educational , voluntary, govern- mental and health care organizations and professions to recognize the importance of annual medical check-ups with appropriate educa- tional and informational programs and activities for the City of Atascadero. ROE'ER B . L1uLL Y , Mayor Ciz7 of Atascadero, CA Dared: August 23 , 1990 MEET8/90 AGENDA&-2 DATE ITEM # NOTE: THE MINUTES OF THE DGET H INGS HELD JUNE 25, 27, 28 & JULY 5, 1990 WILL BE DISTRIBUTED T A LATER TIME. i i • � f ATASCADERO CITY COUNCIL MINUTES SUMMARY 1994-91 BUDGET SESSIONS I — IV SESSION I — Monday, June 25, 1990: Mayor Dexter called the meeting to order at 3:00 p .m. Present : Councilmembers Shiers, Borgeson, Lilley, Mackey and Mayor Dexter Also Present : Councilman-Elect Nimmo ; City Treasurer-Elect , Muriel Korba; and City Clerk , Lee Dayka Staff Present : Ray Windsor , City Manager ; Art Montandon, City Attorney; Henry Engen, Community Development Director ; Andy Takata and Alan Metzler , Parks, Recreation and Zoo ; Mark Joseph , Administrative Services Director ; Mike Hicks, Fire Chief; Chief Bud McHale and Lt. John Barlow, Police Department ; Greg Luke, Public Works Director . PURPOSE OF MEETING: To allow staff to give an overview of the proposed operating budget , highlight departmental requests and respond to questions from Council . SUBJECT HIGHLIGHTS: Parks, Recreation & Zoo Department: Andy Takata noted that his department was requesting the upgrading of two part-time positions to full-time and the addition of two new positions; one in Parks and the other in Streets. Police Department : Chief McHale reported that he was asking for one additional civilian position to offset some of the work currently done by BUDGET 6/25/90 - 7/5/90 Page 1 sworn officers. Muriel Korba spoke in support of funding another officer . Council consensus was to put the matter over until the mid- year budget review. Fire Department : Chief Hicks gave credit to Kurt Stone for the department ' s Budget Summary. He noted that he was requesting an additional fire- fighter and a permanent , half-time clerical assistant . Chief Hicks also reported that there currently are no fees being charged for plan checks and suggested that consideration be given to collecting a fee for this service. Additionally, the City Manager noted that the Fire Master Plan would come before Council at their mid-year budget review. Public Works Department : Greg Luke reported that the most significant addition to staff was the Natural Resource Specialist and clarified the requirements of this position. Community Development Department: Henry Engen presented an overview of his department and explained that he was seeking the approval of one new position, Planning Technician. Administrative Services Department : Mark Joseph outlined staffing needs, minor capital and goals for the year . General Government : Mark Joseph reported that staff was recommending that the Deputy City Clerk ' s half-time position be upgraded to full-time. The City Attorney clarified that nuisance abatement had been transferred from Community Development to his departmental budget. THE SESSION WAS ADJOURNED AT 5:45 P.M. TO THE REGULAR MEETING OF JUNE 269 1990 AT 7:00 P.M. IN THE CLUB ROOM. BUDGET 6/25/90 —7/5/90 Page 2 ATASCADERO CITY COUNCIL MINUTES SUMMARY SESSION II - Wednesday, June 27, 1990: Mayor Lilley called the meeting to order at 3: 18 p .m. Present : Councilmembers Shiers, Dexter , Nimmo, and Mayor Lilley Absent : Councilwoman Borgeson Also Present : City Treasurer , Muriel Korba and City Clerk , Lee Dayka Councilwoman Borgeson arrived at 3:22 p .m. Staff Present: Ray Windsor , City Manager; Art Montandon, City Attorney; Henry Engen, Community Development Director ; Alan Metzler , Assistant Director of Parks, Recreation and Zoo ; Mark Joseph, Administrative Services Director ; Mike Hicks, Fire Chief; Greg Luke, Public Works Director . PURPOSE OF MEETING: For discussions relating to the Capital Budget and Unfunded Budget Requests. SUBJECT HIGHLIGHTS: Fire Department: Chief Hicks summarized for Council the Fire Station 1 Expansion and the Public Safety Radio Repeater Station requests. Discussion relating to unfunded requests for personnel and aerial equipment followed. In addition, discussion ensued regarding emergency support by utilizing volunteer assistance during disaster . By common consensus, Council directed staff to come back at the mid-year budget review with a an estimate of cost to provide adequate emergency equipment for this kind of BUDGET 6/25/90 - 7/5/90 Page 3 backup. P Public Works Department : Lengthy discussion ensued regarding the Lewis Avenue Footbridge. By Council consensus, staff was directed to come back with conceptual designs for a dry-weather bridge. Mark Joseph clarified that the figure of $9, 150 was the current allocation of LTF/Non-Transit funds earmarked for bike paths. Non-Departmental : The City Manager reminded Council that the Mumford Lot Purchase was the second of four lots the City intends to purchase near the Lake Park and requested a closed session prior to the final budget session scheduled for July 5, 1990. By consensus, Council agreed to meet in a closed session for the purpose of discussion relating to employee salary negotiations and status of acquisition of real property on July 5, 1990. Also discussed was seismic repairs at City Hall . Tub Grinder : Mark Joseph submitted a memorandum to Council regarding the acquisition of a vegetation tub grinder services (see Exhibit A) . Chief Hicks gave a report indicating that although the concept was good , the equipment would be expensive to maintain and that there was little public interest . He suggested that there be a cooperative effort within the cities of the County and suggested that the City Manager confer with other city managers in the County. Mr . Windsor stated that he would pursue the matter . Discussion followed relating to policy of approval and procedure in which Council would hear community agency requests during the third budget session. THE SESSION WAS ADJOURNED AT 5:40 P.M. TO THE THIRD BUDGET SESSION ON JUNE 28, 1990 IN THE ROTUNDA. BUDGET 6/25/90 - 7/5/90 Page 4 ATA ERO CITY COUNCIL SCA D MINUTES SUMMARY SESSION III - Thursday, June 28, 1990 : Mayor Lilley called the meeting to order at 3: 12 p .m. Present : Councilmembers Borgeson, Shiers, Dexter , Nimmo , and Mayor Lilley Also Present : City Treasurer , Muriel Korba and City Clerk , Lee Dayka Staff Present : Ray Windsor , City Manager ; Art Montandon, City Attorney; Henry Engen, Community Development Director ; Alan Metzler , Assistant Director of Parks, Recreation and Zoo ; Mark Joseph , Administrative Services Director ; Mike Hicks, Fire Chief; Greg Luke, Public Works Director . PURPOSE OF MEETING: • To discuss and approve Community Agency Funding Requests. SUBJECT HIGHLIGHTS: Last Minute Receipts of Requests: Last minute requests were received from the Atascadero Girls ' Softball Association and the Friends of the Library. MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson to remove the request of the Girls ' Softball Association and transfer it to Unfunded Requests for further discussion at the next budget session; motion unanimously carried . There was consensus of Council to hear the request of the Friends of the Library following individual agency requests. Action for Animal Rights: Robert Dolomite and Daphne Fahsing represented the agency. BUDGET 6/25/90 - 7/5/90 Page 5 MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to approve the request of $1 ,500; motion unanimously passed by roll call vote. There was Council consensus to remove from the Community Agency Funding Requests segment of the annual budget the following: Atascadero Chamber of Commerce, B. I .A. and the San Luis Obispo County Visitors Bureau and allocate from other sources for contract services. Atascadero Chamber of Commerce : MOTION: By Councilman Dexter and seconded by Councilman Nimmo to approve the request of $22,000; passed 5:0 by roll call vote. B. I .A. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to approve the request in the amount of $15,748; motion unanimously carried by roll call vote. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to delegate the Tree Replacement Fund to be used as a priority for the replacement of trees in the downtown up to the amount of $8,248; motion passed 5:0 by roll call vote. San Luis Obispo County Visitors Bureau: MOTION: By Councilman Shiers and seconded by Councilwoman Borgeson to approve the request of $3,800; unanimously passed by roll call vote. There was Council consensus to listen to each of the individual requests before rendering any decisions. Each of the remaining 27 agency requests were then presented . Many of the organizations had a representative present to respond to questions from Council . Friends of the Library Request : After lengthy discussion, Council concurred that this request was not to be considered part of the Community Agency Funding portion of the budget and by common consensus put the matter over until the final budget session scheduled BUDGET 6/25/90 - 7/5/90 Page 6 MOTIONS: The City Manager clarified that voice vote was sufficient , as the final budget would be approved by formal resolution. Upon put to the vote, the following motions of funds requested were approved , seconded and carried by voice vote: Agency Amount Approved Ad-Care Association 500 American Red Cross 250 Artpark 750 Atascadero Babe Ruth 5,000 Atascadero Community Band 5,000 Atascadero Little League 5,000 Atascadero Youth Football 5,000 Bronze Tiger Project 1 ,000 Cal Poly Arts 250 Caring Callers 175 Chumash Council of Campfire 500 Crime Stoppers 500 Easter Seal Society 250 Economic Opportunity Commission 1 ,628 Family Services Center 500 Food Bank Coalition 1 ,000 Hospice of SLO County 500 Hotline of SLO County 500 Mozart Festival Association 250 North County Cycling Club 1 ,000 North County Women ' s Shelter 10,000 Ombudsman Service of SLO 300 R.S.V.P. 500 San Luis County Youth Symphony -O- SLO Gold Coast Chorus -0- Senior Citizens United 2,400 Senior Nutrition Program 500 Resolution 76-90: MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson to adopt Resolution No . 76-90 approving an interim budget for the Fiscal Year 1990-91 ; motion unanimously carried by roll call vote. THE SESSION WAS ADJOURNED AT APPROXIMATELY 6:45 P.M. TO A CLOSED SESSION FOR THE PURPOSE OF DISCUSSIONS REGARDING EMPLOYEE SALARY BUDGET 6/25/90 - 7/5/90 . Page 7 NEGOTIATIONS AND REGARDING THE STATUS OF ACQUISITION OF REAL PROPERTY (Lots Adjacent to Lake Park) AT 5:00 P.M. ON THURSDAY, JUNE 5, 1990 ATASCADERO CITY COUNCIL MINUTES SUMMARY SESSION IV - July 5. 1990 : Mayor Lilley called the meeting to order at 5: 10 p .m. Present : Councilmembers Borgeson, Shiers, Dexter , Nimmo , and Mayor Lilley Also Present : City Treasurer , Muriel Korba and City Clerk, Lee Dayka Staff Present : Ray Windsor , City Manager ; Henry Engen, Community Development Director; Alan Metzler , Assistant Director of Parks, Recreation and Zoo ; Mark Joseph, Administrative Services Director ; Mike Hicks, Fire Chief; Greg Luke, Public Works Director . PURPOSE OF MEETING: To meet in closed session for the purpose of discussion relating to employee salary negotiations and the status of acquisition of real property, to finalize discussions of the 1990-91 Budget and to award bid for construction of the Sycamore Bridge. The City Manager indicated that the City Attorney, Art Montandon, had experienced car trouble and would be arriving late. Council BUDGET 6/25/90 - 7/5/90 . Page 8 proceeded with the public hearing on the budget review. SUBJECT HIGHLIGHTS: Council Comments: Mark Joseph responded to general questions from Council relating to the Operating Budget , Capital Improvements and Unfunded Requests. In addition, Mr . Joseph clarified the proposed City Attorney ' s budget and brief discussion followed relating to nuisance abatement costs. Councilwoman Borgeson asked for an expenditure memo detailing Mr. Hanley's costs to the City for attorney services. Councilman Nimmo voiced his concerns regarding the proposed upgrading of the City Arborist position to a Natural Resource Specialist and asked that the matter be delayed until after the revised Tree Ordinance has been adopted . Lengthy discussion ensued and Mr . Luke responded to Council questions regarding the proposed position, job duties and the recruitment process. Note: Mr . Montandon arrived at approximately 5:45 p .m. Capital Improvements: Brief discussion followed relating to land acquisition. Mr . Joseph reported that the budget includes only the purchase of the second Mumford lot and clarified that funds received from the sale of a lot on San Benito would be directed towards that purchase. Discussion followed regarding the progress of the B. I .A. downtown parking lot on Traffic Way. The City Manager noted that Council has already authorized the execution of the various agreements and asked Council to reaffirm that they indeed wanted the project completed . Council unanimously confirmed their commitment to the parking lot and directed the City Manager to proceed. Unfunded Requests: Girls ' Softball - The City Manager noted that the Council had received a request from the Girl ' s Softball Association and asked that the matter be postponed until after the Director or Parks, Recreation & Zoo had returned to the country and had the BUDGET 6/25/90 - 7/5/90 Page 9 opportunity to review the request . Cit Hall - There n h din City was brief Council discussion on the building 9 renovation and the City Manager indicated that he did not yet have any plans or estimate of cost for seismic repairs to address the new Un-reinforced Masonry Building Standards. Additionally, it was noted that once the Police Department moved out of City Hall , staff would be requesting a re-organization of deparmental offices. Radio Repeater Station - The City Manager indicated that the Fire Chief and the Police Chief had reviewed this matter and would be coming back to Council with an additional report on this request . Aerial Equipment - 55 ' Snorkel - The Fire Chief urged Council to give serious consideration to this unfunded request . Community Agency Requests : Appeal - Peter Gaw, representing the San Luis Obispo County Youth Symphony, appealed to the Council to grant the group ' s request for funding in the amount of $500. Council previously had not approved any donation. MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to reconsider the request ; motion carried unanimously. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to approve the request for funds in the amount of $250.00; motion passed 5:0. Friends of the Library - Discussion ensued regarding the Friends of the Library request for funds in the amount of $35,000 to be placed into a building fund for construction of an addition to the present library. Sarah Gronstrand, representing the Friends of the Library, was present and responded to questions from Council . MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to reconsider the request of the Friends of the Library; motion carried . Discussion followed . MOTION: By Councilman Dexter and seconded by Councilman Nimmo to pledge to reserve $35,000 for the future building BUDGET 6/25/90 - 7/5/90 Page 10 fund for the library and that the reservation of that amount and additional amounts in the future be contingent upon reaching an agreement with the County f r n funds for the project ; o San Luis Obispo for matching p J , motion carried 5:0 by roll call vote. Council directed the City Manager to contact the County to begin those discussions. After a short break , the City Manager pointed out that Council would be asked to adopt a resolution approving the new budget at their regular meeting scheduled for July 10, 1990. Sycamore Bridge Construction Award : The City Manager explained that staff had not met the necessary noticing requirements and asked that the matter of awarding the bid for construction of the Sycamore Bridge be deleted from their agenda. MOTION: By Councilman Dexter and seconded by Councilman Nimmo to adjourn to closed session for the purpose of discussions relating to employee salary negotiations and status of acquisition of real property ( lots • adjacent to Lake Park) ; motion unanimously passed . THE OPEN SESSION WAS ADJOURNED AT APPROXIMATELY 7: 10 P.M. MOTION: By Councilman Dexter and seconded by Councilwoman Borgeson to go back into open session; motion carried . No action was taken. MOTION: By Councilman Nimmo and seconded by Councilman Shiers to adjourn; motion unanimously passed. MEETING ADJOURNED AT 7:20 P.M. MINUTES`'RECORDED D PREPARED BY: LEE DA KA, CITY CLERK Attachment : Exhibit A (Staff Report - Mark Joseph ) BUDGET 6/25/90 - 7/5/90 . Page 11 X��b� - REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through : Ray Windsor , City Manager Meeting Date: 6/27/90 From: Mark Joseph , Administrative Services Director SUBJECT: Tub Grinder RECOMMENDATION: Staff seeks direction from Council regarding how to address the acquisition of •vegetation tub grinder services. BACKGROUND• As a result of the snow storm of December , 1988, a tub grinder was loaned to the City for a brief period of time. The equipment was used to grind small tree limbs and other brush . The grinder proved very successful and was considered a viable alternative to backyard burning . Staff was directed to investigate the matter and report back . Based on research conducted by the Fire Chief and using very rough cost estimates, the following analysis is provided: ONE-TIME COSTS Tub Grinder $125,000 ( 1 ) Large Wheel Tractor with Bucket* 50,000 $175,000 - One required ; two recommended (for a total of $100,000) . ON-GOING COSTS (4) Maintenance Workers to Operate $ 90,000 Equipment Maintenance Costs 50,000 Misc . Costs (e.g . Insurance) 10,000 $150,000 As can be seen, participating in this program could cost at least $175,000 in Capital Costs (possibly as high as $225,000) and perhaps $150,000 annually. Annual Costs could be reduced if a market can be found for the wood chips. If not , operating costs would actually increase, since disposal costs were not included in this analysis. In concluding the cost section, other intangible costs should be discussed . The equipment involved is potentially very hazardous to the operators, in terms of physical harm and noise irritation. Site selection for the grinding operation must be carefully considered , due to the nature of the operation and high noise level . Ironically, to the extent the site is remote enough , it becomes less convenient for citizens to haul their trimmings (and thereby more likely for citizens to prefer burning ) . ALTERNATIVES As a result of the high costs involved, it is difficult for staff to recommend the City ' s sole involvement in the program. There are at least three alternatives for Council to consider . Alternative One: Encourage Private Enterprise to provide the service. The by-product -- wood chips -- could be sold to co- generation plants as fuel . To a lesser extent , the chips can also be used for composting and as a mulch material . The two ingredients necessary to make this a feasible project is one, identifying a market or markets to sell to ; and two , assuring adequate volume. The latter could be a problem: although Atascadero is a thickly wooded area, private entrepreneurs usually need a large commercial operation that produces a high output of scrap lumber (an excellent example is a private site in Riverside County, located near a furniture manufacturing plant ) . In addition, vegatative material often has a moisture content too high to be used effectively. _ Alternative Two : Encourage a joint project with other Cities. This would share expenses and require some type of rotating schedule. The downside is that Atascadero seems to be the only City in the County with a high level of vegetation -- or at least wildland vegetation. This might make it difficult to persuade other cities to participate. Alternative Three: On a periodic basis rent the necessary equipment and operate a program for brief periods of time. This would eliminate all Capital costs and significantly reduce operating expenses. However , when the program is in effect , existing staff and some equipment would have to be reassigned away from their regular duties. This would create backlogs in those other areas. Site selection would still be a problem. MEETING AGENDA DATE 8/28!90 ITEM# AA s CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS TREASURER'S REPORT FOR THE MONTH OF JULY, 1990 CASH RECEIPTS: Property Taxes 58,772.47 Sales Tax 113,100. 00 Bed Tax 25,910.87 Sanitation Fees 3 ,559.00 License/Permit/Fees 78,919.79 Franchise Fees 5,021. 09 Fines/Penalties/Overages 673.20 Investment Earnings 136,898.73 Rents/Concessions 7,797.55 Sales-Maps/Publications/Reports 361. 10 Police Services 132. 70 Parks and Recreation Fees 51,069. 44 P.O.S.T. Reimbursement 7,275.40 Developer Fees 71, 113.00 Zoo Receipts 7,867.15 Dial-A-Ride 2,580.96 B.I.A. Dues 1,220. 00 A.D. #3-Atascadero Lake-Marchant 429. 00 A.D. #4-Separado/Cayucos 1,233.98 A.D. #5-Chandler Ranch 742. 62 Street Maintenance Districts 21. 00 Article 8 Streets & Roacls 98,600. 75 Subtotal 673,299. 80 Other Cash Receipts Reimbursement to Expense 14,016.87 Total Other Receipts 14,016. 87 Total Cash Receipts 687,316. 67 CITY OF ATASCADERO CASH ACTIVITY SUMMARY TREASURER'S REPORT FOR THE MONTH OF JULY, 1990 BEGINNING CASH RESOURCES $7,962, 755.32 ADD:RECEIPTS 687,316.67 LESS DISBURSEMENTS (940,232. 77) OTHER TRANSFERS/MISC. ADJUSTMENTS 14,516.73 ENDING CASH RESOURCES 7, 724, 355.95 SCHEDULE OF CASH RESOURCES As of July 31, 1990 Checking Account: Int. Due Mid-State Bank $165,160.95 Rate Date Other Investments: Local Agency Inv. Fund 5, 731,000.00 8.538% N/A Fed Home Loan Bank-FICO 1,827,445.00 8. 35 12/90 Other Cash Resources: Petty Cash 750.00 TOTAL CASH RESOURCES $7,724 ,355.95 MURIEL C. KORBA, City 'Treasurer • ATE TI D � 28/90 AGEND,A_4 DATE—______ ITEM CITY OF ATASCADERO SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR'S REPORT FOR THE MONTH ENDING JULY 31, 1990 DISBURSEMENTS Hand Warrant Register for July, 1990 5,911.49 7/6/90 Accounts Payable Warrants 92,538.59 7/13/90 Accounts Payable Warrants 200,940. 70 7/20/90 Accounts Payable Warrants 94,138. 70 7/27/90 Accounts Payable Warrants 413 , 869.90 Service Charge-Mastercard/Visa 5. 00 7/18/90 Payroll Checxs 101106-101274 131,504. 40 7/20/90 Payroll Checks 101276-101277 2,163.49 Total $941,072.27 LESS: Voided Check #52443 35.00 Voided Check #52600 65. 76 • Voided Check #100938 738. 74 Sub-Total Voided Checks 839 .50 Total Disbursements $940,232. 77 I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated and referred to in the foregoing resister are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in .the -Einance Office. d MARK JO—S—E—PIT Administrative Services Director • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-5 Through: Ray Windsor, City Manager Meeting Date : 8/28/90 File No: TPM 9-87 From: Henry Engen, Community Development Director ' SUBJECT: Acceptance of final Parcel Map 9-87 at 9000 Atascadero Avenue (Julie Kuhlman/Thomas Baumberger) to divide one parcel of 1 .0 acre into two lots . RECOMMENDATION: Acceptance of final Parcel Map 9-87 as all conditions of approval have been met by the applicant. • BACKGROUND : On July 14 , 1987 , the City Council concurred with the Planning Commission' s recommendation to approve Tentative Parcel Map 9-87 based on the findings and revised conditions of approval . HE :ps uc : Julie Kuhlman Thomas Baumberger • MANI WA 41 i►� I; � �:�*1�. � � ��� ; ,lam . zq WE �4FA �� S • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-6 Through: Ray Windsor, City Manager Meeting Date: 8/28/90 File No: TPM 26-87 From: Henry Engen, Community Development Director SUBJECT: Acceptance of final Parcel Map 26-87 at 11300 Viejo Camino (Bordeaux House/VandenBerghe) to divide one parcel of 27 . 01 acres into four lots containing 8 . 52 , 4 .23, 6 . 59 , and 7 . 67 acres each. RECOMMENDATION: Acceptance of final Parcel Map 26-87 as all conditions of approval have been met by the applicant . • BACKGROUND : On September 8, 1987 , the City Council concurred with the Planning Commissions recommendation to approve Tentative Parcel Map 26-87 based on the findings and revised conditions of approval . HE :ps cc : Bordeaux House VandenBerghe Construction • r .,.. CITY OF ATASCADERO EX" I e 1T A ey�scwe� COMMUNITY DEVELOPMENT LOCA T t D N DEPARTMENT T F/0 ZLo —87 • i i o � s SITE R F; •r , CR T 7 / 6 ! v R d O ( N vp, �No � 5 \ 4, ( p / r s c/p(00 .sc. i o H RS'(FH) • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A_7 ----------------------------------------------------------------- Through: Ray Windsor, City Manager Meeting Date: 8/28/90 From: ichard H. McHale, Chief of Police ----------------------------------------------------------------- SUBJECT: Auction of unclaimed property and surplus City property. RECOMMENDATION: By motion, authorize the police department to offer for public auction at 9: 30 am. , Saturday, September 29, 1990, found and unclaimed property and designated surplus City equipment in keeping with all applicable Civil and Government Code procedures. BACKGROUND: At the present time, the police department has a large accumulation of property which may now be disposed of within the guidelines of the law. In addition to the overflow of police (found) property, as a result of the transition from our old quarters to the new, we have some excess equipment and old furnishings which may now be sold. The police department will coordinate the auction as has been the case in previous years (to be conducted near the northeast corner of City Hall on Lewis Ave. ) , and we will request clerical assistance from our finance division. FISCAL IMPACT: This auction will be conducted within existing budgetary guidelines, and the City will realize revenue from the proceeds which will be deposited in the General Fund. RHM:sb cc: Mark Joseph, Admin. Svs. Fir. Lt's Watton and Barlow SST Harthoorn Briefing Info. Communications/Records R.S.V.P. Room • REPORT TO CITY COUNCIL AGENDA ITEM: A-8 CITY OF ATASCADERO FROM: Arther R. Montandon MEETING DATE: City Attorney August 28, 1990 VIA: Ray Windsor City Manager SUBJECT: Council Committees, Commissions and Boards - Youth Representatives RECQUENDATTON: Adopt the proposed resolution creating youth representative positions on the Parks, Recreation and Zoo Commission, Traffic Committee, and Recycling Committee. (Resolution No. 109-90) DISCUSSION• At a previous City Council meeting, the Council directed staff to • draft a resolution for Council consideration creating ex-officio youth representative positions. This resolution sets forth the direction given by the City Council. Youth representatives will be created for the Parks, Recreation and Zoo Commission, Traffic Committee, and Recycling Committee. Each appointee must be a high school student residing in Atascadero. The appointments will be made by the City Council after applicants are screened to three finalists by a Council subcommittee. Each appointee serves one year, but may be reappointed, if the minimum qualifications are met. Respectfully submitted, ARTHER R. MONTANDON City Attorney ARM: f r Attachment RESOLUTION NO. A RESOLUTION OF THE CITY OF THE CITY OF ATASCADERO, CALIFORNIA, CREATING EX-OFFICIO YOUTH MEMBERS ON CERTAIN CITY COMMISSIONS AND COMMITTEES The City Council of the City of Atascadero, California, resolves as follows: 1. There shall be ex-officio youth members of the following: a. Parks, Recreation and Zoo Commission b. Traffic Committee c. Recycling Committee 2. These youth members shall have the following qualifications: a. Be a current high school student b. Be a resident of the City of Atascadero 3. The terms of office of these ex-officio youth members shall be one year. Members may be reappointed if they still meet • the qualifications set forth in No. 2 above. 4. vacant positions will be advertised by the City Clerk . Applications must be submitted by interested youth. A subcommittee of the City Council will review the applications and interview applicants if the subcommittee deems it necessary. Three finalists shall be submitted to the City Council for selection. 5. The appointments must be made by a majority of the City Council. The appointees serve at the pleasure of the City Council and serve until replaced or removed. Appointees may be removed with or without cause by a majority of the City Council. On motion by .Councilmember , and seconded by Councilmember , the foregoing resolution is adopted in its entirety by the following roll call vote: Ayes: Noes: Absent: Date Adopted: iRESOLUTION NO. 109-90 Page 2 By ROBERT LILLEY, Mayor City of Atascadero, California ATTEST: LEE DAYKA, City Clerk Approved as to form: ARTHER R. MONTANDON, City Attorney ARM:fr RES: 007 • MEETING Autram GATE-U2A440. Him# L.6.� San Luis Obispo Area Coordinating Council Arroyo ode o AtaGrover City Morro Bay and Regional Transportation Planning Agency Paso Robles Pismo Beach R EC�' F ! V Er7) San Luis Obispo - San Luis Obispo County DATE: July 19, 1990 CITY MGR. TO: ALL COUNTY AND CITY AE1=STRATORS FRUI: RONALD DE CARLI, PROGRAM HUaaR rD-� SUBJECT: ANNUAL RATIFICATION OF AREA COUNCIL JOINT POWERS AGREMVENT The Area Council is governed by a Joint Powers Agreement (JPA) with its member entities which specifies the purpose, powers, membership, staffing and financing of the Council. The JPA also includes a provision which requires its annual ratification by all member agencies. In accordance with this provision please schedule the attached agreement before your governing board for ratification by resolution or minute order and forward a copy of your action to our office. Several minor amendments and clarifications to this JPA were also considered and recoarnnended by the Area Council for your ratification. First, the Area Council concurred with a recommendation from the City of Atascadero to modify Section IV, subsection 3 and 4 (page 4, attached) to provide cities the authority to appoint more than one alternate member to the Area Council. This provision was recommended to enhance city representation given many city elected officials work during the day. Second, the Area Council updated several obsolete and conflicting j provisions pertaining to committees (Section IX, subsection 2, page 11, attached) which provided the authority to the President to appoint membership to Area Council Ccunittees. Present Committee bylaws specifies committee membership consisting of the technical staff or appointees of each jurisdiction. The proposed amendments clarifies the President's authority to appoint "adhoc policy committees" and recognizes each jurisdiction's authority to "appoint", rather than nominate, their citizen and technical staff to appropriate Area Council committees. Two other proposed modifications were considered but not approved. The first proposed eliminating the "supervote" provision. This provision (Section V, Subsection 5) requires that ". . . eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote." This rarely used provision was felt to be an appropriate lever to help assure consensus and agreement on controversial items. The second request would eliminate the need to annually ratify the JPA. The Area Council strongly felt this provision should be retained as it affords the opportunity for new elected officials and staff be become familiar with provisions of the Agreement and the Council. Subject to the above amendments, the Area Council adopted the JPA and authorized its transmittal to each jurisdiction for their ratification. If you have any questions please give me a call at 549-5714. Thank you. County Government Center, San Luis Obispo, CA 93408 (805) 549-5710 AN\ENbLb ?ALAL JOINT POWERS AGREEMENT PAGE 4 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. APPR s Amen 3. Member agencies may elect to have --ate, alternate membeA in addition to any official member, but 'said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named • • B-1-7 JOINT POWERS AGREEMENT PAGE 11 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. APPROVED ad,-Hoc, FBC.-f as Amended 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President aay appoint any individual deemed qualified to serve on a committee. Standing committees shall include the Administration 3. Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agenc, e_i A?PotN7ED as Amend planning officials - by their respective agencies; the Public AMimTED Works Committee, comprised of all agency engineering officials by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's . Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. B-1-lit FY 90-91 • JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq. , of the California Government Code • (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions con- tained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sec- tions 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and 1990-1991 JOINT POWERS AGREEMENT PAGE 2 0663-1/111 07-17-90 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transpor- tation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solu- tions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various govern- mental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain • plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area-wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. 1990-1991 JOINT POWERS AGREEMENT PAGE 3 0663-1/111 07-17-90 • I I. NAME The official name of the organization hereby created snail be the "San Luis Obispo Area Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council 'hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1 California Government Code it is hereb • > > Y declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for member- ship in the Area Council. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to • 1990-1991 JOINT POWERS AGREEMENT PAGE 4 • 0663-1/111 07-17-90 the Area Council shall consist of the five members of the Board of Super- visors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one represen- tative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member(s) in addi- tion to any official member, but said alternate shall be able to vote only • in the absence of the official representative. 4. Designation of the official representative or alternate(s) , or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. S. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to par- ticipate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provi- sions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. • 1990-1991 JOINT POWERS AGREEMENT PAGE 5 0663-1/111 07-17-90 • V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the mem- ber agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is under- stood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state or fed- eral government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and • g policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. • 1990-1991 JOINT POWERS AGREEMENT PAGE 6 • 0663-1/111 07-17-90 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those func- tions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the trans- portation fund pursuant to applicable state statutes. • 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such pro- cedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. • 1990-1991 JOINT POWERS AGREEMENT PAGE 7 0663-1/111 07-17-90 • VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice-President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. • 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice-President 1) Shall serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex-officio member of all committees. • 1990-1991 JOINT POWERS AGREEMENT PAGE 8 • 0663-1/111 07-17-90 5. In the event of a vacancy occurring in the office of either the President or Vice-President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the • Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. c. Shall disburse all funds in accordance with the policies of the County-Treasurer and the County Auditor/Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. • 1990-1991 JOINT POWERS AGREEMENT PAGE 9 0663-1/111 07-17-90 • g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor-Controller shall be bonded or self-insured through the county in-lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. meetings Regular m of the Area Council shall be held at least six g g • (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." • 1990-1991 JOINT POWERS AGREEMENT PAGE 10 • 0663-1/111 07-17-90 5. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty-one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of dele- gate based on public testimony. Unless authorized by majority vote of the • representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Execu- tive Director to the Area Council and shall be submitted to member agencies. • 1990-1991 JOINT POWERS AGREEMENT PAGE 11 0663-1/111 07-17-90 • IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on "ad-Hoc" policy committees shall be at the discre- tion of the President. Nothing herein shall be construed to limit member- ship on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials appointed by their respective agencies; the Public Works Committee, com- prised •M%: of all agency engineering officials appointed by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. 4. No committee shall commit the Area Council on any matter or ques- tions of policy. Such matters or questions can only be decided by the Area Council. • 1990-1991 JOINT POWERS AGREEMENT PAGE 12 0663-1/111 07-17-90 5. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verif- ication of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any proj- ect for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two-thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the • depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/ Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. • 1990-1991 JOINT POWERS AGREEMENT PAGE 13 0663-1/111 07-17-90 • 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto • fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect • 1990-1991 JOINT POWERS AGREEMENT PAGE 14 • 0663-1/111 07-17-90 until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. • RD/msl/hg/cl/0663-1/111 7-17-90 • 1990-1991 JOINT POWERS AGREEMENT PAGE 15 0663-1/111 07-17-90 • CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Minute Order Clerk CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk CITY OF MORRO BAY • By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Minute Order Clerk CITY OF PISMO BEACH By: Date Mayor Minute Order Clerk CITY OF SAN LUIS OBISPO By: Date: • Mayor Resolution'No. Clerk JOINT POWERS AGREEMENT • PAGE 16 COUNTY OF SAN LUIS OBISPO By: Date: Chairman Minute Order Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: De uty Couritysel Dated: • • RD/ms/hf/cl/0663-1/111 7-20-89 R-1-19 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-10 (A-D) Through : Ray Windsor , Citv Manager Meetinq Date: 8/28/90 From: Mark Joseph , Administrative Cervices Director SUBJECT: Adopting Agreements with the City Manager , Management , Mid-Management/Professional and Confidential Employees for FY 90- 91 . RECOMMENDATION: Staff recommends Council approve Resolutions 90- 105, 90-106, 90-107 , and adopting pay and benefits for the above mentioned employees , for fiscal year 1990-91 , resulting from employee negotiations and Council deliberations . BACKGROUND: Before summarizing the employee benefits recommended for approval , a brief explanation is in order regarding the • philo=sophy used in developing salaries and benefits . Comparisons to other cities in the County were used whenever special adjustments were considered . In addition, a tiered system of salary adjustments was used , reflecting the nature and responsibilities of the employees. Thus , qeneral employees received a basic cost-of-living adjustment ; mid-management received a slightly higher rate; and management a slightly higher rate as well . This reflects the increasinq responsibilities and accountability of the positions. With: this in mind , below is a summary of the chanoes in salaries and benefits by employee group , starting with Confidential . 1 . -onfidential - This group is proposed to receive a 5.5°: general increase as well as a 5% equity adjustment , similar to the Clerical Unit ( SEIU) . No other changes are recommended . 2. Mid-Management/Professional - These emRlc'_rees :are recommended increase. In addition , the same Sick Lea•;e Pay- a 5.5% general off incentive as currently received by Management is proposed . For Public Safety employees the City will pa "he additicn.al cost fo the enhanced public safety retirement program previously adopted . The Cafeteria Plan benef i t annua 1 i y ) is being deleted , with the amount converted to base salary . There is an additional eight hours of administrative leave. And finall •� , the tuition reimbursement will increase from ' 100 to $400 annually . • 3. Management - There will be a general increase of 6% . As with Mid-Management , the Cafeteria Pian would be converted to base salary ($500 annually ) . Likewise , the 2 additional retirement cost would be absorbed for the two Chiefs. 4 . City Manager - A general increase of 7 .54 . As with the other groups , the Cafeteria Plan will be converted . These compensation adjustments are retroactive to July 1 , 1990. • t • RESOLUTION NO. 106-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION 11-90, ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR CONFIDENTIAL EMPLOYEES BE IT RESOLVED: Section 1 . Resolution 11-90 is hereby amended as follow=_.: 1 . Section 1 . 1 is amended to read : "Base salaries in effect on 30 June 1990 shall be increased by 5 .5% effective I July 1990. 2 . Section 1 .2 is amended to read : "As an equity adjustment , base salaries in effect on 1 July 1990 shall be increased 5% effective 1 July 1990 . " • Section 2. This resolution shall be effective July 1 , 1990 . On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT : DATE : ATTEST : LEE DA,YKA, City Clergy: ROBERT S . L I LLE` , Mayo-- APPROVED AS TO FORM: APPROVED AS TO CDHTEN7 : ARTHER MONTANDON, City Attorney RAY WINDSOR, City Manager • RESOLUTION NO. 105-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION 10-90, ADOPTING A SALARY/ CLASSIFICATION SCHEDULE AND BENEFITS FOR MID—MANAGEMENT/PROFESSIONAL EMPLOYEES BE IT RESOLVED : Section 1 . Resolution 10-90 is hereby amended as follows : 1 . Section 1 . 1 is amended to read as follows : "Base salaries in effect on 30 June 1990 shall be increased by 5 .5': effective 1 July 1990" . 2. Section 1 .2 is deleted in its entirety and replaced as follows : "An additional $25.00 per month will be added to the base salaries in effect on 1 July 1990, in lieu of the Cafeteria Plan" . 3. Section 3. 1 is amended to read in part as follows : "Each employee will receive forty-eight (48 ) hours of Administrative Leave which will vest as of July 1 annually . " 4. Section 4.2 is added , to read as follows : "The City shall pay the employee monthly contribution (`% of base salary ) for those sworn, employees receiving the enhanced public safety retirement (2Y, at 50 ) , effective 1 July 1990. 5. Section e is deleted in its entirety and is replaced as follows: "Section 8 . Sick Leave Pay-Back. 8. 1 When an employee terminates employment in good standing , and after five (5) nears of continuous service , he shall be paid one-half of his accumulated Sick Leave . " 6 . A new Section 11 shall be added to read as folloNfs : "Section 11 . Tuition Reimbursement . 11 . 1 The City shall reimburse an employee !gip to $400.00 per fiscal year for books . tuition and related educational expenses for attending college or other professional training . provided the coursework is job 40 - related , and the employee received passing grades . " Section 2 . These amendments shall be effective July 1 . 1990 . On motion by [ouncilperson and seconded by Counci ]person the foregoing reso1ution is hereby adopted in its entirety on the following vote : AYES: NOES : ABSENT : DATE: ATTEST : LEE DAYKA, City Clerk ROBERT B. LILLEY , Mayor APPROVED AS TO FORMr APPROVED AS TO CONTENT : AR / HER num / *muum RAY WINDSOR, City Manager City Attorney - -�� • RESOLUTION NO. 107-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION 9-90 ADOPTING A SALARY/ CLASSIFICATION SCHEDULE AND BENEFITS FOR MANAGEMENT EMPLOYEES BE 1T RESOLVED: Section 1 . Resolution 9-90 is hereby amended as follows : 1 . Section 1 . 1 is amended to read as follows: "Base Salaries in effect on 30 June 1990 shall be increased by 6% effective i July 1990" . 2. Section 1 .2 is added to read as follows: ,.An additional $42.00 per month will be added to the base salaries in effect on 1 July 1990, in lieu of the Cafeteria Plan . " 3. Section 4 .2 is added to read : "The City shall pay the • employee monthly contribution ( 9" of base salary ) for those sworn employees receiving the enhanced public safety retirement i2 . at 50 > , effective i July 11?90 . 4. Delete Section 9 , in its entirety . Section 2. That this resolution shall be effective July 1 , 1990 . On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety or the fci '.o,,;ing vote. AYES: NOES : ABSENT: • ATTEST : LEE DAYKA . City Clerk ROBERT B. LILLEY , Manor APPROVED AS TO FORM: APPROVED AS TO CONTENT : ARTHER MONTANDON. City Attorney RAY WINDSOR , City Manager • • RESOLUTION NO. 108-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION 76-88 EMPLOYMENT AGREEMENT FOR RAY WINDSOR, CITY MANAGER Section 1 . Resolution 76-98 is further amended as follows : 1 . Item 4, COMPENSATION OF EMPLOYEE, is amended to add : "The base salary in effect June 30, 1990 _.hall be increased 7 . 5% effective July 1 , 1990 . An additional. $42 . 00 per month shall be included in basic salary in lieu of Cafeteria Plan" . 2. Item 13, CAFETERIA PLAN , shall be deleted in its entirety . Section 2. This resolution shall be effective July 1 , 1990. On motion of Coun` iperson and seconded • by Councilperson the foregoing resolution is hereby adopted in its entirety on the following vote: AYES : NOES : ABSENT: DATE : ATTEST : LEE DAYKA, City Clerk ROBERT B . LILLEY , Mayor ARTHER MONTANDON , City Attorney RAY WINDSOR? , City ManagEr • REPORT TO CITY COUNCIL • CITY OF ATASCADERO Agenda Item: B-1 From: Ray Windsor, City Manager Meeting Date: 8/28/90 Henry Engen, Community Development Director SUBJECT: Draft road standards/appeals : August 28 , 1990 agenda BACKGROUND: Draft Resolution No . 103-90 recommends a comprehensive policy that establishes standards and responsibilities for the development and maintenance of varying types of roads within the City. It should be noted that the subsequent road condition appeal hearing items require decisions by the City Council which are symptomatic :;f the problems that have occurred in the past due to the lack of formally adopted policies . PRECISE PLAN ISSUES: Two appeals relative to road improvement conditions on Precise Plan 28-90 ( Falkenstien) and 70-90 (Gardner) derive from the adop- tion of Resolution 7-90 earlier this year, which established minimum road standards for the construction of private and public roads . These two precise plans are within the so-called "Gordon Davis" road area and, therefore , subject tc the terms and condi- tions of the Agreement: which have been approved in principle by Council . However, two points need to be made clear for the record regarding staff ' s position on the precise plans under appeal pend- ing Council resolution : 1 . Until Council has acted to authorize the acceptance of the so-called "Gordon Davis" roads into the City-main- tained system, applicants for precise plans affected by such agreements are assumed to be develcping on City-ncn- maintained rights of way, thus triggering conditions for road improvements by said applicants . 2 . Without firm policy direction to the contrary, staff has taken an additional position with respect to the precise plans under appeal , to wit : A. Even if the so-called "Gordon Davis" roads Were now accepted into :he City' s system , Engineering staff- would still mare its review utilizing the existing adopted minimum road standards . Why? Because, " . . .The precise plan review process is conducted • separately from the City' s review of previous road agreements . In the precise plan review process , each project is reviewed for conditioning utilizing the City' s adopted minimum road standards and City 1 ordinances , with the overlying consideration of practicality. Currently, the City is negotiating • with the Partnership to bring the road into sub- stantial compliance with the City' s previous agreements . " With respect to Item 41 , the issue is who, in fact, will undertake the necessary improvements to meet the standards of the 1983 and 1986 Agreements , where applicable? With respect to Item #2 , staff needs further clarification and direction regarding the extent to which the standards of the 1983 and 1986 Agreements are to be acknowledged as acceptable within the City' s maintained system, separate from the adopted minimum stan- dards City-wide, as indicated earlier. In other words , does Council desire to create a "Grandfather Clause" for road improve- ments in areas where agreements were reached ( i . e . , Chandler Ranch) or where agreements have been reached in principle but where final acceptance is yet to take place ( i . e. , the remaining so-called "Gordon Davis" roads ) , and to direct staff not to apply a review process separate and apart from said agreement conditions? This will go a long way toward clearing up the present confu- sion about conditioning precise plans in areas covered by prior agreements . With respect to Tentative Parcel Map 19-89 (Gearhart) , this • item was continued from the August 14th City Council meeting pending Council consideration of a key policy proposed in Reso- lution 103-90-, "Road Policy" . Specifically, Bella Vista would be a Class III road, and proposed Policy 3 reads as follows : "3 . The Director of Public Works will recommend to the City Council and the City Planning Commission that the crea- tion of additional lots or increasing zoning density, relying on Class III roads for access, be denied. " Staff appealed the recommendation of the Planning Commission in order to obtain clarification and/or direction with respect to the above policy issue, particularly since Engineering staff has been on record all along in opposition. However, staff has offered an alternate recommendation (Alternate II) which conditions approv- al on "construction of a cul-de-sac near the entrance to project ' s driveway. " ( See staff report dated August 14 , 1990 . ) RECOMMENDATION: 1 . In recognition of the unique circumstances involved with road improvements covered by the Chandler Ranch Assess- ment District and the 1983 and 1986 Agreements between the Public Works Department and Gordon T. Davis , staff • suggests the following: A. That any precise plan review of roads covered by the afore-mentioned Agreements be based upon the terms 2 and conditions of said Agreements without any sep- arate review :cased upon existing minimum road standards . Staff would further suggest that, in the event that the City Council deems it in the commu- nity' S best interests to upgrade any right of way covered by said Agreements , such improvement be based upon recommendations of City staff and reflec- te-d as a priority project as part of the city' s capital improvements . 2 . As indicated in Mr . Gearhart ' s letter on this subject, A- concurs in staff ' s Alternate II recommendation modi- fied by the 20-foot driveway access from his property to is-feet into the adjacent private driveway. Precedent for this exists , and in the event Council sees fit not to deny the map outright, staff would concur with the request cf Mr . Gearhart and have Alternate II reflect such. RW: --w • 3 Kelly Gearhart P 0 Box 1844 Atascadero , CA 93423 ( 805 ) 466-2776 . August 22 , 1990 City of Atascadero Attn : City Manager RE : Lot split on Bella Vista This letter is to inform you that I am in agreement to comply with alternative number two on staff report should the lot split be granted . I request that the requirement of the driveway access be reduced from 20 feet to 16 feet and would agree to comply should this be granted . Your consideration in this matter is greatly appreciated. Sin erely , Kelly earhart • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 8/14/90 From: Gregory Luke, Director of Public Works SUBJECT: Road Review Policy RECOMMENDATION: 1. Adopt resolution 103-90 establishing a comprehensive policy for the review of roads in the City of Atascadero for the conditioning of development projects and the clarification of responsibility for maintenance. BACKGROUND: Since incorporation the City of Atascadero has been struggling with the unique character of the roads associated with the Atascadero Colony and the Eaglet Tract. There has been widespread uncertainty concerning road ownership, road access • rights, maintenance obligations, the assignment of liability and the assignment of road improvement responsibilities to private development. Also, the previously subdivided condition of most of the City denies the City the tools to remedy the situation that are commonly available elsewhere. DISCUSSION: In January of 1990 the City adopted its first set of road standards unique to the City of Atascadero. These standards have had a significant impact on the process of identifying reasonable road improvements and establishing minimum design and construction standards. Despite the adopted standards uncertainty remains concerning how the standards are to be implemented. One of the purposes of the attached resolution is to establish a policy of when and how to apply the City' s adopted standards. • Also, uncertainty is prevalent concerning which roads have been accepted into the City maintained road system, despite relatively clear State law delineating the appropriate steps necessary to adopt a road into the system. The guidance provided by State law has been clouded by uncertainty regarding the transfer of road maintenance responsibility from the County to the City and the significance of past City maintenance activity. Underlying the question of the appropriate allocation of maintenance costs and responsibility is the assumption of liability associated with the allocation of responsibility. The attached resolution provides a means of clearly establishing which streets are to be included in the City maintained system and identifies the steps necessary to upgrade a road for consideration of acceptance. FISCAL IMPACT: By adopting precise standards for roadway construction the City' s long term maintenance costs should decrease because shoulder and drainage improvements and the quality of the road construction will have been improved prior to transfer to the City maintained system. Ultimately the citizens of Atascadero will benefit because their roads will be under the authority of the City. Enclosures: 1. City Council Resolution 103-90 2. Road Policy • • RESOLUTION NO. 103-90 RESOLUTION OF THE ATASCADERO CITY COUNCIL ADOPTING A ROAD POLICY WHEREAS , a road pol-.cy is necessary for the efficient and con- sistent administration of roads and read construction within the City of Atascadero; and WHEREAS , a road policy is necessary so that private property may be improved with a clear understanding of City standards , both for construction and acceptance; and WHEREAS ; a road policy is necessary to guide the City' s staff in conditioning of development projects for road improvements; and WHEREAS , a road policy is necessary to eliminate the uncer- tainty ccncer Lng wzic h roads are within the City-maintained road system and to clearly allocate .maintenance responsibility; and WHEREAS , a road policy is necessary for public safety and to • minimize future road maintenance expense; and WHEREAS , a road policy is a necessary adjunct of sound fiscal management of the City. NOW, THEREFCRE , BE IT RESOLVED that the attached document , entitled "Road Policy" , shall be the policy of the City of Atascadtro . On motion by Councilmember seconded by Council- 'T.eT,10e , tree foregoing reS:�ltitiCn 1 iter r'r1' adopted on tae following roil-call vete : AYES : NOES : ABSENT: ADCPTED : ATTEST : LEE DAYKA, City Clerk ROBERT B . LILLEY, Mayor APPROVED yS TO FORM: APPROVED AS TO CONTENT: ARTIER R. MOL4TANDON GREGORY LUKE , Dir. of Public Works City Attorney ROAD POLICY • TABLE OF CONTENTS GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 GOALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SPECIFIC POLICY ACTIONS . . . . 5 ROADREVIEW POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 CLASS I ROADS (City Maintained Roads) . . . . . 7 CLASS II ROADS (Privately Maintained Improved Roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CLASS III ROADS (Privately Maintained Improved Roads With Significant Deficiencies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 CLASS IV ROADS (Privately Maintained, Partially Improved or Unimproved Roads) . . . 13 CLASS V ROADS (Roads With Unique Problems) . 15 • CLASS VI ROADS (Paper Streets) . . . . . . . . . . . . 16 CLASS VII ROADS (Internal Roads) . . . . . . . . . . 18 SUMMARY OF ROAD CLASSIFICATIONS . . . . . . . . . . . . . . . . 19 SUMMARY OF ROAD REVIEW POLICY . . . . . . . . . . . . . . . . . . Attached 0 GLOSSARY • Access Road - Uniform Fire Code A publically traveled access road is a 20 foot wide "all weather road. " "All weather" implies that the road will be constructed following standard compaction procedures and that it will be topped with a minimum of six inches of class 2 or class 3 aggregate base. When constructed in a public right-of-way an encroachment permit or a road construction permit issued by the Department of Public Works is required prior to construction. These roads are considered temporary and will eventually be improved to comply with the City' s Circulation Element and road standards. Thus, these temporary roads will be designed and constructed so that the road geometry and quality is consistant with the final road configuration. City Maintained Road A City Maintained Road is a road that has been specifically designated by City Council Resolution as being included within the City maintained road system according to Streets and Highways Code Section 1806. Conditioning Conditioning is the process of imposing conditions on development during development review by the City Council, the City Planning Commission and the City staff. In this report conditioning is not intended to address, include or exclude conditions related to subjects besides roadway related activities. Drainage Improvements Drainage improvements include, but are not necessarily limited to, asphalt dikes, curbs, gutters, drop inlets, downdrains, swales, ditches, headwalls, culverts, storm drains, acquiring drainage easements, riprap, energy dissipators, resurfacing to provide appropriate cross slope, stream clearing, cleaning of existing drainage improvements, daylighting, erosion control, landscaping and surfacing. Drainage improvements generally include improvements required to prevent erosion and maintain control of drainage within the roadway environment as well as for downstream properties. Driveway A Driveway is a road providing access to a site or land use from a street. A driveway serves no more than four separately owned parcels. In the case of condominiums or other dense development schemes a driveway may serve more than four lots. Standards for driveways are derived from City ordinances and the Uniform Fire • 1 d Code. The construction of driveways is monitored through the • issuance of grading permits by the Building Division of the Community Development Department. Encroachment Permit An Encroachment Permit is a permit issued by the Department of Public Works that authorizes work within a public or privately owned public right-of-way. Internal Road An Internal Road (class VII) is a privately maintained road that serves a development or developments governed by a homeowners association, private management or other similar entity. Internal roads are frequently characterized by; lack of importance to traffic circulation outside of the development; the desire of frontage residents to maintain controlled access to the development or the desire of the property management to control access. These road are usually internal roads related to mobile home parks, condominiums, large apartment complexes and planned unit developments. Minimum Road Standards The Minimum Road Standards are the minimum requirements • pertaining to road geometry, cross section and construction quality that have been specifically adopted by City Council resolution for the construction of roads in Atascadero. Privately Maintained Road A Privately Maintained Road is a road that has not been specifically designated by City Council resolution as being included within the City maintained road system. Although a road is privately maintained, public access to the road may not be limited unless specifically designated an internal road (class VII) . A private road generally serves four or more lots of record although in the case of condominiums or other dense development schemes a driveway may serve in place of a private road. Public Richt-Of-Way A Public Right-Of-Way is any right-of-way that the general public has a right of access. Public rights-of-way may include, but are not necessarily limited to, the following. 1. Developed or undeveloped Atascadero Colony and Eaglet Tract road rights-of-way. • 2 a- • 2. Prescriptive roadway routes commonly traveled by the general public. 3. Privately owned and maintained streets other than internal streets (class VII) . 4. City owned and/or City maintained streets. 5. A road, alley, pedestrian or other access right-of-way with width described in recorded documents. These public rights-of-way or easements do not necessarily include the underlying fee title. Because the road rights-of-way may be owned in fee by the frontage property owner, a bank, or the City, it may not be feasible to establish fee title to the public right-of-way for each lot. Road Geometry Characteristics Road geometry refers to the horizontal and vertical curve characteristics, superelevation, crowning or cross slope and the cross section dimensions. The road geometry is generally dictated by published design standards relating speed, sight distance, and driving comfort. The road geometry characteristics are directly related to driving comfort and safety. • Road Quality Characteristics Road quality -refers to considerations such as compaction, finishing, thickness of the aggregate base and pavement layers and quality of materials. Road quality characteristics are directly related to the durability and longevity of the completed road and the subsequent frequency of maintenance. 3 dd GOALS • The following is a list of goals to be considered in the application road policies. Within the existing framework of ordinances, policies, and concepts of fairness these goals may not be fully achievable. Despite this, they are listed here because of their intrinsic value with regards to improving the quality of the transportation environment for the general public. 1. Minimize the patchwork construction of roads. 2. Provide for long term road maintenance. 3. Clearly delegate liability by specifically defining the limits of City maintained and City owned streets. 4. Build streets to common, adopted standards to provide a safe environment for travel. Apply these standards equally to public and private road construction. 5. Build roads to a common level of quality to minimize future maintenance expense. Apply the same road construction standards to public as well as to private road construction projects. 6. Provide a maintenance system incorporating a fair allocation of tax funds. Accept roads into the City • maintained system when they comply with the minimum standards defined by the City or conditions established by previous agreements. It is not intended that internal roads maintained and administered under a home owners association or other similar organization be transferred to the "City maintained" system. 7. Require private development to pay for the initial construction of roads rather than create an additional tax burden on the general public. 8. Complete the construction of access roads to City standards before occupancy of the frontage structures. 9. Preserve existing road rights-of-way for public circulation. Prevent encroachment into these rights-of-way that preclude future road construction, decrease safety of the traveling public or deny the traveling public access. 10. Utilize appropriate financing mechanisms to encourage the improvement of private roads to City standards. 11. Modify the Circulation Element of the General Plan so that it clearly delineates specific standards and road cross sections to be implemented as City policy. • 4 • SPECIFIC POLICY ACTIONS 1. Rewrite the Circulation Element of the General Plan. Clearly define the planning goals, including the width of the proposed improvements, bikeway routes, traffic indexes, sidewalk and walkway routes, truck routes and landscaping. 2. Develop financing alternatives for City Council consideration to fund road maintenance and improvement of roads that are not maintained by the City. 3. In order to preserve public rights-of-way for public circulation, the City Attorney will pursue the necessary steps to remove from the road rights-of-way unauthorized improvements where requested by the Director of Public Works. 4. Adopted City road standards shall be applied equally in the evaluation of public and private road construction for new and existing roads unless previous agreements allow exceptions. 5. The Director of Public Works shall present to the City Council a resolution formally adopting the Class I roads into the City maintained system. • 6. The Director of Public Works shall present to the City Council an encroachment permit ordinance for review. 7. The Director of Public Works shall present to the City Council a road construction permit ordinance for review. A road construction permit will be issued :ir-- conformance with adopted engineering design specifications and CEQA requirements. The permit ordinance shall establish a procedure for obtaining a modification from established road standards. • 5 • Class I Roads (City Maintained Road) CHARACTERISTICS 1. The City Council has adopted a resolution accepting the road into the City maintained system, or, a specific Council resolution of acceptance has not been adopted but the City has previously and routinely completed substantial maintenance on the road using gas tax money to fund the maintenance, or, the road has intrinsic value, character or unique public importance to the City as specifically designated by the City Council. Roads improved under previous agreements may be included as class I roads at the direction of the City Council. 2. The road may require nominal maintenance activity such as reconstructing the shoulders, signing, striping, relocating utilities, installing minor drainage improvements and resurfacing to fully comply with City standards. If the road has intrinsic value, character or unique public importance, as designated by the City Council, significant improvements dictated by City • standards may be waived. 3. The road geometry is generally adequate. The street could be classified as a one-way or two-way street. The road has no obvious hazards to public safety. The deficiencies can be remedied with a reasonable allocation of public and/or private funds through the conditioning of private development or public maintenance activity. 4. The road generally does not have characteristics that would result in excessive, long term, maintenance expense to the City. However, the deficiencies can be remedied with a reasonable allocation of private and/or public funds through the conditioning of private development or through public maintenance activity. • 7 POLICY 1. Identify the Class I roads that have not been adopted • by City Council resolution. The Director of Public Works shall clearly define the acceptable limits of these roads and recommend that these sections of road be adopted into the City maintained system. The recommendation shall include a cost estimate of the initial expense necessary to bring the road into compliance with the City' s road standards and to address any unique problems that may be associated with the road. Roads that have intrinsic value, character or unique public importance to the City as defined by the City Council but that will not necessarily be improved to City standards shall be identified. 2. If the roads are accepted by Council resolution into the City maintained system, include the adopted roads in the City's road maintenance schedule. 3. Building permit, precise plan and conditional use permit conditioning will generally be limited to completing frontage improvements according to the Circulation Element and City standards. If there are significant offsite drainage impacts associated with the roads, offsite improvements will be required. • Subdivision conditioning will be completed according to the Subdivision Map Act, the California Environmental Quality Act and existing City ordinances. 8 • • Class II Roads (Privately Maintained Improved Road) CHARACTERISTICS 1. The road typically can be improved to conform with City standards through moderate construction activity. Conformance could be achieved by widening, constructing the shoulders, relocating utilities, signing, striping, installing minor drainage improvements, reconstructing areas demonstrating pavement or subgrade failure, straightening and resloping substandard curves, grading to improve sight distance and by resurfacing. 2. The road geometry is either generally adequate or can be brought into conformance. The street could be classified as a one-way or two-way street. The road has no obvious hazards toublic safety that can't be P Y remedied. The minor hazards can be remedied with a moderate allocation of private funds or other funding sources if available. 3. The road has not been designated an internal, privately managed street. • POLICY 1. The Director of Public Works generally will not recommend that the road be included into the City maintained system without first requiring that the road be improved to comply with City standards. However, it is the City' s policy to bring these roads into the City maintained system once the required improvements are completed. 2. The conditioning of new building permits, precise plans and conditional use permits will generally be limited to the completion of frontage improvements according to the Circulation Element and City standards. If there are significant offsite drainage impacts associated with the road, offsite improvements will be required. Subdivision conditioning will be completed according to the Subdivision Map Act, the California Environmental Quality Act and existing City ordinances. This implies that fundamental improvements, such as road realignment and road reconstruction, may be required to enhance safety and to minimize maintenance. • 9 J J 3. The City shall encourage the formation of assessment • districts or other similar, privately funded programs to assist property owners to improve the roads to comply with City standards. 4. Public access to the road shall be maintained unless the City Council has specifically designated that public access may be limited. 5. The conversion of class II roads to class I roads shall be on a scale necessary to avoid patchwork construction. The minimum project size shall be determined by the Director of Public Works for each project. Class I roads upgraded from class II roads for the purpose of being accepted into the City maintained road system shall be contiguous to existing City maintained roads unless directed otherwise by the City Council. 6. A determination of applicable standards and a review of project plans shall be completed by the Department of Public Works prior to the issuance of an encroachment permit for upgrading a class II road. 10 • Class III Roads (Privately Maintained Improved Road With Significant Deficiencies) CHARACTERISTICS 1. The road can't be improved to comply with City standards without incurring significant environmental impacts. Compliance with standards could be achieved only with significant expenditures and extensive construction activity. 2. The road geometry is generally or specifically inadequate. The road may present significant hazards to public safety in one or more locations. The significant hazards can't be remedied without substantial expense and construction activity. POLICY 1. The Director of Public Works will not recommend that the road be included into the City maintained system. 2. Building permit, precise plan, and conditional use permit conditioning will require the completion of frontage improvements if feasible and reasonable. if there are significant offsite drainage impacts • associated with the road, offsite improvements will be required whenever practical. Project conditioning will also include measures to mitigate offsite hazards to the traveling public. 3. The Director of Public Works will recommend to the City Council and the City Planning Commission that the creation of additional lots or increasing zoning density, relying on Class III roads for access, be denied. 4. If road deficiencies are identified by the Director of Public Works as presenting a threat to public health and safety, or impede the access of emergency vehicles, and the deficiencies can be eliminated through the reasonable expenditure of public funds, then the Director of Public Works shall recommend to the City Council that the elimination of such deficiencies be included in the City' s inventory of capital improvement projects (i.e. guardrails, signs, road patching, etc. ) . The use of City funds shall require authorization by the City Council prior to expenditure. • 11 e • 5. Public access to the road shall be maintained unless the City Council has specifically designated that public access may be limited. 6. The City will encourage the formation of privately funded programs to address long term maintenance. 7. Class III roads will be marked with signs indicating "private" roads in addition to other appropriate warnings signs. • • 12 s • Class IV Roads (Privately Maintained, Partially Improved Or Unimproved Road) CHARACTERISTICS 1. The road remains unimproved or partially improved, although the road is currently used for access and public circulation. It is feasible to construct a class I road within the road alignment and the relatively unimproved condition is not the result of physical or environmental constraints or excessively steep terrain. 2. No paving or only partial paving has been completed. Inadequate aggregate base is present beneath the asphalt. The drainage improvements are inadequate or nonexistent. The road right-of-way has not been preserved. There are fences, structures, surface utilities, trees or landscaping extending into the road cross section. There is the potential for potholes, washboarding, dust and erosion. POLICY • 1. Once the road is brought into compliance with City standards, the Director of Public Works shall recommend to the City Council that the road be included in the City maintained road system. The Director of Public Works will not recommend that the road be included into the City maintained system without first requiring that the road be improved to comply with minimum City standards. 2. The City shall encourage the formation of assessment districts or other similar, privately funded programs to assist property owners to improve the roads to comply with City standards. 3. Building permit, precise plan and conditional use permit conditioning will include the completion of frontage improvements, to the full width of the road, according to the Circulation Element and City standards, if feasible and reasonable, and the construction of access from the nearest class I or class II road to comply with the uniform fire code. The access will be designed and constructed according to the alignment, grade and structure necessary for the future completion of the road. Occupancy for permitted projects shall be denied until the road • improvements are constructed. If there are significant offsite drainage impacts associated with the road, 13 offsite improvements 1 ed • p will be required. Subdivision conditioning will be completed according to the Subdivision Map Act, the California Environmental Quality Act and existing City ordinances. This implies that fundamental improvements, such as road realignment and road construction, may be required to provide a completed road, enhance safety and minimize maintenance. 4. The Director of Public Works will recommend to the City Council and to the Planning Commission that the creation of additional lots or increasing zoning density, relying on Class IV roads for access, be denied unless constructing the road to City standards is made a condition of the project. 5. If road deficiencies are identified by the Director of Public Works as presenting a threat to public health and safety, or impede the access of emergency vehicles, and the deficiencies can be eliminated through the reasonable expenditure of public funds, then the Director of Public Works shall recommend to the City Council that the elimination of such deficiencies be included in the City' s inventory of capital improvement projects (i.e. guardrails, signs, road patching, etc. ) . • The use of City funds shall require authorization by the City Council prior to expenditure. 6. Public access to the road shall be maintained unless the City Council has clearly designated that public access may be limited. • 14 d • Class V Roads (Roads With Unique Problems) CHARACTERISTICS 1. Dangerous driving conditions result from the unique characteristics of the road. Elimination of these deficiencies cannot, practically, be completed. 2. The road may have a slope greater than 20%. 3. Due to topographical features there may be inadequate road width and conversion to a one-way street is not feasible. 4. There may be insufficient level area at the end of the road to install a fire department turn-around. 5. The road may be isolated by another road with unique problems. POLICY 1. A policy will be created for each road with an emphasis on discouraging the use of these roads by the • general public through the use of warning signs. 2. Building permit, precise plan and conditional use permit conditioning will include the completion of frontage improvements if feasible and reasonable. If there are significant offsite drainage impacts associated with the road, offsite improvements will be required. Offsite signing may be required. 3. The Director of Public Works shall recommend to the City Council that the creation of additional lots or increasing zoning density, relying on Class V roads for access, be denied. 4. Public access shall be limited where possible unless the road is necessary for circulation. Signs shall be installed that clearly delineate the specific hazard. 5. The City will encourage the formation of privately funded programs to address long term maintenance. • 15 a Class VI Roads (Paper Streets) CHARACTERISTICS • 1. A road right-of-way exists as the result of previous subdivision, deed or similar action. 2. The road may or may not have been graded but is not commonly used by the public. 3. Improvements may have been previously constructed across these rights-of-way in disregard of the public ' s right of access and circulation. POLICY 1. The rights-of-way associated with paper streets shall be preserved for public use unless formal abandonment has been completed. Public access shall be maintained unless the City Council has clearly designated that public access may be limited. 2. Construction activity or the installation of improvements within these rights-of-way shall be governed by encroachment permit ordinance or road construction permit ordinance. 3. Access rights to existing lots through these existing • rights-of-way shall be preserved or an alternate access shall be provided. 16 • d • 4. Building permit, precise plan and conditional use permit conditioning will include the completion of frontage improvements, to the full width of the road, according to the Circulation Element and City standards, if feasible and reasonable, and the construction of access from the nearest class I or class II road to comply with the uniform fire code. The access will be designed and constructed according to the alignment, grade and structure necessary for the future completion of the road. Occupancy for permitted projects shall be denied until the road improvements are constructed. If there are significant offsite drainage impacts associated with the road, offsite improvements will be required. Subdivision conditioning will be completed according to the Subdivision Map Act, the California Environmental Quality Act and existing City ordinances. This implies that fundamental improvements, such as road realignment and road construction, may be required to provide a completed road, enhance safety and minimize maintenance. 5. A road construction permit shall be required prior to the construction of a class VI road. Appropriate CEQA review and compliance with the City's Tree Protection • ordinance shall be required prior to the issuance of a road construction permit. The realignment of existing routes in order to decrease environmental impacts and to protect trees shall be encouraged although such considerations shall not supersede the requirement of providing a safe driving environment. • 17 Class VII Roads (Internal Roads) • CHARACTERISTICS 1. An internal road is a privately maintained road that serves a development or developments governed by a homeowners association, private management or other similar entity. 2. Internal roads are frequently characterized by; lack of importance to traffic circulation outside of the development, the desire of frontage residents to maintain controlled access to the development or the desire of the property management to control access. High development density may require more oversight of the streets than is commonly necessary. 3. These road are usually internal roads related to mobile home parks, condominiums, large apartment buildings and planned unit developments. POLICY 1. The Director of Public Works will not recommend that the road be included in the City maintained system because of the unique characteristics of the road with • regards to management and oversight. 2. Building permit, precise plan, and conditional use permit conditioning will be based on the overall design and character of the development, Uniform Fire Code requirements and the construction quality provisions of the City road standards. If there are significant offsite drainage impacts associated with the road, offsite improvements will be required. 3. During review of the project by the Planning Commission and/or the City Council the road shall be specifically designated an internal road and responsibility for maintenance and oversight shall be clearly delineated. 4. Internal roads will not be constructed in Colony or other public rights-of-way unless preceded by formal abandonment. 18 • d • SUMMARY OF ROAD CLASSIFICATIONS CLASS I ROADS . . . . . . . . . . . . . . . City Maintained Roads CLASS II ROADS Privately Maintained Improved Roads CLASS III ROADS . . . . . . . . . . . . . Privately Maintained Improved Roads With Significant Deficiencies CLASS IV ROADS . . . . . . . . . . . . . . Privately Maintained, Partially Improved or Unimproved Roads CLASS V ROADS . . . . . . . . . . . . . . . Roads With Unique Problems CLASS VI ROADS . . . . . . . . . . . . . . Paper Streets CLASS VII ROADS . . . . . . . . . . . . . Internal Roads • • 19 CLASSIFICATION OF ROAD ; I ROAD IMPROVEMENT i CONDITIONS i I ; II I III i IV i V 1 VI ; VII 1 1 MAINTENANCE RESPONSIBILITY 1 { i { I ; • I Road Maintained by City i X I ! i ; I 1 1 Road Maintained by 1 Property Owners or I Maintenance District ! i X I X i X i X i X i 1 1 Road Maintained by IHOR, CC&R's, Private I Management 1 1 i 1 i i I X I i i PUBLIC ACCESS 1 1 ; Maintain Public Access I X i X I X I X I X I X { I I Limited Public Access 1 Access Limited By Safety 1 Warning Signs 1 i X i t 1 PRECISE PLAN, CONDITIONAL { 1 I USE PERMIT, BUILDING PERMIT 1 1 CONDITIONS I 1 I t I ! I I I Construct 1/2 Width of 1 Road Frontage I X I X I X i I X I I NA ; i 1 I 1 i i I I ; I Construct Full Width of I I I I I I I NA f IRoad Frontage ; 1 1 ; X i I X I 1 1 Construct 20 Foot Wide I Aggregate Base Road Beyond I I Property Frontage 1 i I I X I I X 1 NA 1 1 1 1 i I i i i 1 • 1 Address Offsite Road 1 Drainage Impacts And 1 Construct Improvements I X i X I X I X I X I X 1 NA I ; SUBDIVISION CONDITIONS 1 Subdivision or Lot Split 1i3.commended With Respect to i 1 1 i 1 1 I ; I Existing Access Road I X I X I I I i I NA 1 1 I i i 1 I I 1 Subdivision or Lot Split I Rdipcommended With Road 1 1 I t 1 1 I I 1 Frontage Improvement. to I I Class I, Remainder Of Access 1 I I i ; 1Rciad Class II or Better t ! I 1 X 1 I X I NA I 1 Subdivision or Lot Split i I Not Recommended Because of I I Inferior Access Road I I i X i I X I { NA I t ! { 1 1 I I I I NOTES 1. Review according to the California Environmental Quality Act and for project compliance with City ordinances and policies must be completed prior to the issuance of a road construction permit. 2. Prior to the issuance of a road construction permit. or- an encroachment permit the execution of a checking and inspection agreement is required. B. Prior to the issuance of permits for the construction of roads or improvements within a public right-of-way, guarantees shall be provided the City as directed by the Director of Public Works. Such guarantees shall generally_ include 100% for performance, 100% for materials and • labor and 10% f'or maintenance, unless waived or modified by the Director of Public Works. A. The detailed nature of required road improvements shall be as delineated in City ordinances, standard-: and the Circulation Element. Additionally, measures to improved public: safety, driving comfort and ease of maintenance may be required such as, relocated utilities, removing objects from the road shoulders, relocating or- constructing drainage facilities. signing or striping or improving the geometric and quality characteristicz of the road. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: -B3- B-2 Through: Ray Windsor, City Manager Meeting Date: From: Greg Luke, Director of Public Works 8/28/90 SUBJECT: Tentative Parcel Map 19-89, (Kelly Gearhart) 7675 Bella Vista RECOMMENDATION: 1 . Refer to proposed alternatives to either: (1) deny the tentative parcel map or, (2) modify the conditions related to the improvement of Bella Vista road. BACKGROUND: On March 6, and April 3, 1990, the Planning Commission held public hearings on the above referenced tentative parcel map. At the conclusion of the April 3rd hearing, findings for denial were adopted and the Commissions decision was appealed to the City Council . The tentative parcel map was addressed at the May • 5th Council meeting and the City Attorney was directed to provide a memorandum concerning the appropriateness of considering the characteristics of the public access road to the site . Also, the pro,ject",, was returned to the Planning Commission for reconsideration upon receipt of the Attorney 's memorandum . At the July 17th Planning Commission meeting the Commission voted to approve the tentative parcel map and modified the project 's road conditions to include only the improvement of the road along the lot frontage . Staff has appealed this condition due to conflicts with proposed road policies and the lack of consideration of the impacts of the proposed construction. DISCUSSION• Throughout the review of this project the Department of Public Works staff has expressed concern over the implications of approving a subdivision utilizing a public access road that is clearly too narrow, that is bordered by very steep terrain and that does not have a cul-de-sac or fire department turn-around at the and . The upper section of Bella Vista is clearly a class III road . The road can 't be improved to comply with City standards without incurring significant environmental impacts . Compliance with standards can be achieved only with significant expenditures and extensive construction activity . The road geometry is generally inadequate . The road is too narrow. It features a 90 • degree turn with a steep drop off beyond the extension of one of the 90 degree legs . The width of the existing public access road is less than the width of the much discussed onsite driveway . Despite these concerns the Planning Commission determined that the benefits provided by the subdivision were more significant than the safety concerns relative to the road . It is staff 's primary recommendation that no subdivisions be allowed on class III roads and that the application be denied . However, if the Council chooses to uphold the Planning Commission's decision to approve the subdivision then staff recommends that the Council modify the conditions of approval as discussed below. If the Planning Commission's decision is upheld our appeal concerns the road conditioning for the project, particularly condition 6a. 6. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval by the Public Works Department prior to the construction of the improvements. Plans shall include, but are not limited to: a. Bella Vista Road: Road shall be improved to comply with the City Minimum Road Standard A-1 along the entire frontage of the subject property . It is the staff 's contention that improvement to an A-1 standard t beyond the applicant 's driveway is neither environmentally attractive or particularly useful . The reasons for these conclusions are as follows . 1 . The existing Bella Vista road to the west of the applicant 's driveway features 12 feet of pavement width with a narrow shoulder along the south edge. The south edge of road is bordered by a steep slope and the north edge of road is bordered by a high, steep, cut bank . In order to install an A-1 road section the existing cut width in the hillside would have to be at least twice the existing width. Assuming that retaining walls are not used, the resulting scar in the hillside, particularly the resulting cut bank, would significantly alter the visual characteristics of the hill from the west . The issue is, if the intent is to continue 'to widen the road to the west, have the visual impacts of such a policy been addressed? If the intent is not to continue a full width road to the west, why have the applicant extend a full width road beyond the project driveway? 2 . The staff has continually expressed concern that this single lane road does not terminate in a cul-de-sac or standard fire department turn-around . The reasons for a fire department turn-around are obvious . The Department of • Public Works is also interested in promoting the installation of standard circular turn-arounds for the • convenience of the traveling public. Currently, the single lane road extends approximately 1 , 150 feet beyond the applicant 's driveway to a single family residence driveway . At that point the road is closed by a gate . Three hundred feet beyond the gate the road terminates in a rocky, relatively flat area that could be graded into a standard cul-de-sac . It appears that extending the road to this flat area was the intent of the original Colony designers. The issue here is whether or not the City wants to direct traffic along approximately 1 , gS0 feet of single lane road to a turn-around? If it is not the intent to construct a standard width road beyond the applicant 's parcel it seems pointless to direct the general public up this single lane road or have the applicant widen a road that will lead into a single lane road that can 't be widened . 3 . It is likely that access for the existing parcels located downhill from this stretch of road will be developed from San Gabriel . This is because the terrain adjacent to Bella Vista road falls away too steeply to construct a driveway transition from the road . It is likely that access to approximately seven large parcels, located above or near the end of Bella Vista, will eventually be developed . One of the lots at the end of Bella Vista could be divided into three lots . Is it worth incurring the environmental degradation of widening the road in this steep terrain for nine lots? The following alternatives are suggested for review by the City Council . Alternative I or II is recommended by the Department of Public Works. Alternative I Deny the project because of inadequate access . Alternative II If the project is to be approved, recognize the upper section of Bella Vista road as a class III road and that substantial widening is not environmentally acceptable . The application of City standards to a class III road is usually not feasible and improvements must be modified to fit the specific situation during the design process . In this case we recommend the deletion of existing condition 6 .a . and replacement with the following conditions. 6. a. Construct a cul-de-sac near the entrance to the project 's driveway , utilizing as much of the existing right-of-way as is feasible and as much • of the applicant 's property as is necessary , as determined by the Director of Public Works . The outside boundary of the cul-de-sac shall include, at a minimum, the dimensions of a City standard fire department turn-around as delineated in • Figure 5 of City standard 0-3, "Fire Access Standards. " b. Install timber guardrailing around the turn-around area, leaving an opening for the existing Bella Vista road to the west, as directed by the Director of Public Works. We recommend that condition 9 be changed as follows. 9 . Offers of dedication to the City of Atascadero for the following right-of-way- are required: Street Name: Bella Vista Road Limits: 20 feet from centerline to edge of right- of-way along entire frontage, and, portions of the applicant 's frontage shall be offered to the City for dedication as necessary to accommodate the Cul-de-sac required in condition 6 . Through the use of signing as required in existing condition 5 it would be the Department 's intent to require "single lane road ahead" and "narrow road ahead" signs . Bella Vista road to the west of the project would be treated as a driveway and in the future general widening to the west would not be required. • This alternative will require excavation within the right-of-way opposite the applicant 's frontage and some fill on the applicant 's frontage. Because of the location of the excavation it is staff 's opinion that the visual impact of this alternative will be substantially less than if the existing conditions are complied with. Alternative III If it is the intent of Council to extend a full width road beyond the applicant 's parcel in the future then we request that in addition to existing condition 6.a . the applicant be required to construct a cul-de-sac at the end of Bella Vista . The Department of Public Works does not recommend this alternative . The proposed condition would be as follows. 6. b. Cul-de-sac: A City standard Cul-de-sac shall be constructed at the and of Bella Vista road . The Director of Public Works may reduce this requirement to a City standard fire department turn-around if the Director of Public Works determines that the construction of a cul-de-sac is not feasible. • Alternative IU If this appeal is denied, the tentative map and conditions of approval would remain as determined by the Planning Commission at their meeting of July 17. FISCAL IMPACT: There will be no fiscal impact on the City . Enclosures: 1 . July 31 , 1990 letter of appeal . 2 . Exhibit 0 - Findings for Approval , Exhibit E -Conditions of Approval 3. Fire Access Standards, D-2, 0-3 `t . Staff report to Planning Commission - July 17, 1990 S. Planning commission minutes exerpt - July 17, 1990 CC: Kelly Gearhart Sierra Pacific Engineering • • I'� ADMINISTRATION BUILDING taseadee® 6500 PALMA AVENUE ATASCADERO.CALIFORNIA 93422 POLICE DEPARTMENT PHONE: (805) 466-8000 INCORPORATED JULY 2, 1979 6500 PALMA AVENUE CITY COUNCIL ATASCADERO,CALIFORNIA 93422 CITY CLERK PHONE: (805) 466-8600 CITY TREASURER ^� CITY MANAGER RECEIVED ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT J U L 3 1 ���� ATASCADERO CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 ATASCADERO CITY CLERK "~� City Council July 31 , 1990 City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422 Subject : Tentative Parcel Map 19-89, Gearhart/Sierra Vista Engineering On July 17th, the Atascadero Planning Commission conducted a Public hearing concerning a reconsideration of the above— referenced parcel map . After lengthy review and discussion, the Planning Commission voted to approve the map with revised findings and conditions for approval . The Department of Public Works hereby appeals the Planning Commission' s decision concerning this project . The road access • characteristics concerning safety and required improvements for Projects of this type are scheduled to be addressed during the Council meeting of August 14. ASin, rely, ep%regor L3ke Director of Public Works N ( cc Ray Windsor, City Manager Henry Engen, Director of Community Development Item: B. 1 is MEMORANDUM TO: Planning Commission FROM:00Steven L. DeCamp, City Planner DATE: July 17, 1990 RE: TPM 19-89 (Gearhart) 7675 Belle Vista BACKGROUND: On March 6, and April 3, 1990, this Commission held public hearings on the above referenced Tentative Parcel Map. At the conclusion of your April 3rd. hearing, the adopted Findings for Denial and voted to disapprove the map. The Commission' s decision was subsequently appealed to the City Council . The appeal was heard by the Council on May 5, 1990 . As indicated in the attached minutes of the Council meeting, the matter was referred to the City Attorney and back to this Commission for further review. • RECOMMENDATION• Based on the Commission' s previous action, the Public Works Director' s report to the City Council, and the City Attorney' s memorandum of June 6, 1990, Staff recommends that the Commission adopt Findings for Denial (Attachment A) and deny TPM 19-89 . DISCUSSION: The materials attached to this memorandum constitute the body of information generated relative to this proposed subdivision. Of particular importance to the Commission are the staff report from the Public Works Director to the City Council and the memorandum from the City Attorney to the City Manager. Both of these documents speak to the road issue and the Commission' s ability to condition maps to ensure adequate off-site improvements to serve anticipated levels of development . The requirement that the Commission deny a proposed subdivision if even one of the Subdivision Map Act' s required Findings can not be made in the affirmative is also reiterated. Although the principal concern relative to this project is the provision of adequate access, staff is also concerned relative to the on-site impacts of the proposed division. The concerns • relative to grading, tree removal (see attached arborist' s report) , and lot configuration noted in the March 6, 1990 staff report remain. Although exemptions could be granted and some limited redesign is possible, the end result would be a • subdivision that does not meet all of the design standards of the Subdivision Ordinance or General Plan. In summary, the proposed subdivision does not appear to be appropriate or desirable based on the inadequate access (or the environmental damage that would occur to remedy this problem) coupled with the design flaws previously noted. Exhibits : Attachment A - Revised Findings for Denial Attachment B - City Council Minutes Excerpt (5/8/90) Attachment C - City Attorney Memorandum Attachment D - Staff Report to Council (5/8/90) Attachment E - Arborist' s Report • ATTACHMENT A - Revised Findings for Approval • Tentative Parcel Map 19-89 7675 Belle Vista July 17, 1990 MAP FINDINGS: 1 . The proposed map is not consistent with the applicable General Plan. 2 . The design and improvement of the proposed subdivision is not consistent with the applicable General Plan. 3 . The site is not physically suitable for the proposed density of development . 4 . The design of the subdivision, and the proposed improvements, may cause substantial environmental damage. 5 The design of the subdivision and the type of proposed improvements may cause serious public health problems . • AT-(4--AAWO�Y MEMORANDUM City of Atascadero June 6, 1990 To: Ray Windsor, City Manager From: Arther R. Montandon, City ttorney Subject: Bella Vista Parcel Map RECOMMENDATION: That the City Council and Planning Commission review this memorandum to assist them in making their decisions regarding the above-referenced parcel map. BACKGROUND: The Planning Commission and City Council have previously considered the above-referenced parcel map. On May 8, 1990, the City Council directed the Planning Commission to reconsider this map. Additionally, they asked that I prepare a memorandum • regarding the issue of conditioning this map. The Council was concerned about the condition which would require the developer to install significant road improvements over a long length of Bella Vista Road. DISCUSSION: The City when it attaches a condition upon a subdivision map is relying on its exercise of police power. The restriction withstands constitutional attack if it is fairly debatable that the restriction bears a reasonable relation to the general welfare (e.g. , the public health, safety, and welfare of its residents) . (AsgQgiated Home Builders Etc. , Inc v City of Livermore (1976) 18 Cal.3d 582, 601. ) It should be noted that California courts have consistently stated that "development is a privilege not a right" . (Trent Meredith, Inc , y. City of Qxnard (1981) 114 Cal.App.3d 317, 328. ) In the facts before the City, the applicant seeks a division of real property from one to two lots. The existing single lot is a buildable site. The condition of safe access to building sites is a reasonable restriction. Subdivision maps traditionally impose conditions that roads be installed and/or upgraded. • MEMO: Ray Windsor, City Manager SUBJ: Bella Vista Parcel Map June 6, 1990 - Page 2 The imposition of the condition is also not a taking. In order to not be a taking, the condition must pass a two-part test . First, the regulation must substantially advance a legitimate government interest. In this case, the interest advanced is safety of the citizens who travel the roads. Second, the owner may not be denied economically viable use of his or her land. Here, with the existence of a single buildable lot, the owner is left with a viable use of his or her land. A third analysis must be made based on the recent U.S. Supreme Court case of Flan v. -California Coa tal Commission (1987) 107 S.Ct. 3141. This case affirmed the California Nexus Rule, which provides that the condition furthers the same governmental purpose advanced for regulating it. I believe in this case that the condition does further the same governmental purpose advanced. In this map, the condition to improve the roadways advances the governmental purpose of road safety. In sum, my opinion is that the condition can properly be imposed on the Bella Vista subdivision. This does not mean that it has • to be imposed by the decision making bodies. It is up to these bodies to decide whether the street condition is an appropriate design and improvement for the subdivision. Additionally, the map may be denied pursuant to Government Code Section 66474 . This section states that the city shall deny approval of a map if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of. development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injury fish or wildlife or their habitat. • MEMO: Ray Windsor, City Manager • SUBJ: Bella Vista Parcel Map June 6, 1990 - Page 3 (f) That the design of the subdivision or type of improvements are likely to cause serious public health problems. (g) That the design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The map may be denied upon the findings set forth in (d) , (e) and (f) . Additionally, findings may be able to be made pursuant to (a) and (b) if there are such inconsistencies with the City's General Plan. If any further questions remain, please feel free to contact me. Respectfully submitted, ARTHER R. MONTANDON • City Attorney ARM: fr • A%TAcAmo\4T D • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 Through: Ray Windsor, City Manager Meeting Date: 5/8/90 File No: TPM 19-89 From: Henry Engen, Community Development Director 41X SUBJECT: Appeal of Planning Commission' s denial of Tentative Parcel Map 19- 89 at 7675 Bella Vista Road (Kelly Gearhart - Sierra Pacific Engineering, agent) . RECOMMENDATION: Denial of the appeal and denial of Tentative Parcel Map 19-89 as recommended by the Planning Commission (Exhibit D, Findings for Denial) . BACKGROUND: • On March 6, 1990 and April 3, 1990, the Planning Commission conducted public hearings on TPM 19-89 . At the March 6th meeting, the Commission directed staff to bring back Findings for Denial for consideration. On April 3, 1990, the Commission, on a 4 : 2 vote, denied the request as outlined in the attached Findings for Denial . There was discussion and public testimony as reflected in the attached minutes excerpts . Subsequently on April 6, 1990, Planning Commissioner George Highland appealed the denial for reasons outlined in his memorandum of appeal (see attached) . ANALYSIS: As indicated in the attached minutes excerpt, the primary focus of discussion by the Planning Commission was the substandard condition of Bella Vista Road and discussion of the proposed requirement for the applicant to bring the road up to the most recently adopted City standards which calls for a 20 foot pavement with 4 foot shoulders . This, in turn, creates a "catch-22" situation where the environmental effects are negative to say nothing of the cost to the applicant. The Planning Commission in their proposed findings for denial, came up with three map findings for denial together with an additional finding that Bella Vista Road is not in conformance with minimum road standards . Appellant George Highland has cited the lack of knowledge at the initial meeting that Bella Vista was a City-maintained street as one of his basis for appeal . It should be noted that the Public Works ' original recommendation for road improvement would have been made regardless of whether the road was publicly maintained or not. (Subsequent records search to confirm that Bella Vista was, in fact, conveyed to the City has been inconclusive. ) • The Director of Public Works has prepared the attached memorandum supporting the Planning Commission' s recommendation to deny the parcel map, primarily based on the inadequacy of Bella Vista Road. PUBLIC POLICY IMPLICATIONS: Should City Council concur with the recommendation of the Planning Commission and deny the map. The public policy implication is clearly one that lot splits proposed on substandard roads are candidates for denial . Engineering staff has been developing an analytical materials for a future study session dealing with a wide variety of road issues facing the City ranging from minimum road requirements for building permits to off-site road improvement requirements for parcel maps, subdivisions and other types of development projects . This should be ' available for scheduling in the near future and will allow comprehensive discussion of the issues raised in this particular case. . HE:ps Attachments : Appeal Memorandum Dated April 15, 1990 • Public Works Director' s Recommendation Staff Report Dated April 3 , 1990 Staff Report Dated March 6 , 1990 Minutes Excerpt - April 3 , 1990 Minutes Excerpt - March 6, 1990 cc : Kelly Gearhart Sierra Pacific Engineering George Highland • • REPORT TO CIIY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 Through: Ray Windsor, City Manager Meeting Date; 8/28/90 From: Gary R . Sims, Senior Engineer SUBJECT: 8705 Santa Cruz Road: Appeal of precise plan 28-90; ._........._._...................................._................__ appeal filed by John Falkenstien of road improvement condition of precise plan. RECOMMENDATION: Uphold the existing conditions requiring road frontage improvements to be constructed and deny the appeal . BACKGROUND: Condition 2, Exhibit D, of the Conditions of Approval is as follows. Improve Santa Cruz Road along entire property frontage to conform to City Standard A-2. Improvements shall include, but not be limited to installing a.c. dike and hydroseeding the cut bank. Rip rap shall be installed as directed by the City Engineer to prevent downstream erosion. All improvements shall be to the satisfaction of the City Engineer and shall be completed prior to the final building inspection. All of the lot 's road frontage is included in the Las Encinas II , Limited Partnership, road system that is currently under review by the City Council . The intent of condition 2 is to generally require compliance with the City 's minimum road standards . Specifically , the improvements include the items from the final punch list recommended by the Director of Public Works to address these roads constructed under previous agreement . These improvements include only the applicant 's side of the road unless offsite drainage improvements are related to the applicant 's site. • DISCUSSI • ON• Alternatives Alternatives for consideration include, but are not necessarily limited to, the following. Alternative 1 - APPE_gy the existing_ condition This alternative would maintain a consistant policy of requiring that road frontage improvements be constructed with the development of the individual lot . In the staff 's opinion this section of road could be improved so that it would be suitable for transfer to the City maintained system . The necessary improvements would not require extraordinary effort or incur excessive environmental degradation . The specific improvements assigned to the applicant would include the following. 1 . Install approximately SSO feet of 2 foot wide paved shoulder with asphalt concrete dike. 2. Install a paved downdrain to an existing culvert . 3 . Install rip rap where necessary . There are other improvements necessary before it would be recommended that this section of road be included in the City maintained system . These improvements are not part of the applicant 's frontage. Alternative 2a - Require no__improvements, _Santa Cruz remains a privately maintained road This alternative would be unfair to the remaining frontage property owners who may desire to have a City maintained road . Santa Cruz road is important to general circulation and it would not be desirable for it to be privately maintained. Alternative 2b - Re uire no__improvements from the applicant . Allow the Las .Encinas I I,___.—Limited Partnership, to construct the improvements . The precise plan review process is conducted separately from the City 's review of previous road agreements . In the precise plan review process each project is reviewed for conditioning utilizing the City 's adopted minimum road standards and City ordinances, with the overlying consideration of practicality . Currently , the City is negotiating with the Partnership to bring the road into substantial compliance with the City 's previous • agreements. • Alternative 3 - Require no ._im.provements_. _Transfer Santa Cruz into__the City .maintained road sustem . This alternative is not recommended because the City would then have to pay the cost of improvements or carry the burden of frequent maintenance costs . FISCAL IMPACT: The exact cost of improvements remains to be determined . A rough estimate of the cost of improvements is $5, 300. enclosures: letter of appeal - May 11 , 1990 City notice of approval - April 23, 1990 CC. Glen Lewis Don Messer John Falkenstien • • CUESTA ENGINEERING 6717 Morro Road • Atascadero,CA 93422 (805)466-6827 RFMIMI MAY 11 19991 May 11 , 1990 Karl Schoettler City of Atascadero 6500 Palma Atascadero, CA 93422 Subject: Precise Plan 28-90 8705 Santa Cruz Road Lewis Karl , As representative of Mr. Glen Lewis, I hereby appeal this Precise Plan Approval . Attached is a check for $100. We are filing this appeal due to Condition #2 which requires road improvements on Santa Cruz Road. We prefer not to take this issue to Planning Commission. We simply need more time to discuss the specifics of the requirements with the Engineering Department. Thank you for your consideration. Sincerely, Y 'I C #in Fal kensti en JF:ch 89-182 cc: Don Messer o a S /i 9 0 • 'Vey �z398a ADMINISTRATION BUILDING 8300 PALMA AVENUE A$**Sam ascade�®ATASCADERO,CALIFORNIA 93422 PHONE: (80S) 488.8000 POLICE DEPARTMENT NCORPORATED JULY 2. 19798300 PALMA AVENUE CITY COUNCILATASCADERO, CALIFORNIA 93422 CITY CLERK PHONE: (405) 486.8600 CITY TREASURER CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT FIRE DEPARTMENT PUBLIC WORKS DEPARTMENT 6005 LEWIS AVENUE PARKS AND RECREATION DEPARTMENT ATASCADERO, CALIFORNIA 93422 PHONE: (805) 466-2141 4 April 23, 1990 Glen R. Lewis PO Box 1980 Atascadero, CA 93422 RE: PRECISE PLAN 28-90 ` 8705 Santa Cruz Road Dear Applicants: • The City of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for grading on Slopes in excess of 10% for a single family residence. The proposed site and surrounding properties are zoned RS (Residential Suburban) and the proposed use is allowed as defined as a single family dwelling (Section 9-3. 142 (d) . A review by the Community Development Director of the environmental description form and application, along with other background information, shows that the project will have no detrimental effect upon the environment; Declaration has been prepared. The Director rhas ralso foundlve the project, as conditioned, to be in compliance with the provisions of the Zoning Ordinance. J. The proposed Precise Plan is approved as shown on attached Exhibit-B (grading and drainage plan) and subject to the conditions of approval in Exhibit D. Final approval becomes effective CONSTITUTEoA GRADING OR14, gBUILDING PERless MIT. ) (NOTE: THIS DOES NOT In the event you intend to appeal any of the conditions, your appeal should be in writing and should state the reasons for the appeal. Any appeal would be scheduled for Planning Commission consideration as a public hearing. You should, however, discuss • any objections to the conditions with planning staff as it may be possible to alter conditions after such discussion. If you should have any questions concerning this project, you are i welcome to contact the Community Development Department for assistance. Sincerely, Karl C. Schoettler Assistant Planner KCS/kcs cc: Kim Blake, Cuesta Engineering Attachments: Exhibit A - Location Map Exhibit B - Grading and Drainage Exhibit C - Findings for Approval Exhibit D - Conditions of Approval • ►� „� EXHIBIT A .. �.y CITY ATASCADERO COM.LiClNITY DEVELOPMENT PRECISE PLAN 28'90 DEPARTMENT LOCATION MAP V ,lf 0 , O O t • O ? / 51TE J R S C PO 1. �• ao� 1 �0 11 11 1 11 0 EXHIBIT B .� CITY C(.-' ATASCADERO COMMUNITY DEVELOPMENT PRECISE PLAN 28-90 DEPARTMENT GRADING & DRAINAGE . His at .i to ''';a ...�• .� �•. - - •�� ��� .�,,.:�;�• t i i '��� Eta„ -•���jQ�.i3� •err _«'« %� �• � = •`�• — ��,'���__�_yi�� .�.I �2�[\.���.t•-:� II,.. ., it of fill .f `� /���../�.`�I: w•�/-/��► i • / '� �\ :11111• // 1 �i +•t�l.rY•i�/ \�"�/'i / �Y tilt tit 1 �? .��.i.�'R1(• i{� /., r' moi'//'—+ � �• �\ � �i Exhibit C - Findings for Approval • Precise Plan 28-90 8705 Santa Cruz Rd. (Glen R. Lewis/Cuesta Engineering) 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its = orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing • access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed grading is in compliance with the City' s Appearance Review Guidelines. • EXHIBIT D Conditions of Approval • Precise Plan 28-90 8705 Santa Cruz Rd. (Glen R. Lewis) 1. All construction shall be in conformance with Exhibit B (grading/drainage plan) , Exhibit D (conditions of approval) , and all other codes and ordinances of the City of Atascadero. Any modification to this approval shall be approved by the Community Development Department prior to implementing any changes. 2. Improve Santa Cruz Road along entire property frontage to conform to City Standard A-2. Improvements shall include, but not be limited to installing a.c. dike and hydroseeding the cut bank. Rip rap shall be installed as directed by the City Engineer to prevent downstream erosion. All improvements shall be to the satisfaction of the City Engineer and shall be completed prior to the final building inspection. 3. Arborist shall submit a letter stating that tree protection fencing is in place prior to issuance of building permit. This letter should accompany materials submitted for building permit. 4. This precise plan is approved for one year from the date of • final approval (May 14, 1990) . • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-4 Through: Ray Windsor, City Manager fleeting Date : B/28/90 From: Gary R . Sims, Senior Engineer .................._......................................................................................................................._...................................._...........................---._................................................._....................._.....................................................__.._...__....... __.._..... SUBJECT: 1`t.g05 Santa Ana P.oad: Appeal of precise plan 70-90• appeal filed by Robert Gardner of road improvement condition of precise plan . RECOMMENDATION: Uphold the existing conditions requiring road frontage improvements to be constructed and deny the appeal . BACKGROUND: The existing condition 5, Exhibit D, Public Wgrks Department Conditions, is as follows. - S . Complete Santa Ana Road to minimum City Road standards along the entire property frontage, or as directed by the Director of Public Works, prior to the final building inspection. All of the lot 's road frontage is included in the Las Encinas II , Limited Partnership , road system that is currently under review by the City Council . The intent of condition S is to generally require compliance with the City 's minimum road standards . Specifically , the improvements reflect those improvements recommended bg the Director of Public Works to be included in the final punch list addressing these roads constructed under previous agreements . These improvements would apply only to the applicant 's side of the road unless offsite drainage improvements are related to the applicant 's site. • DISCUSSION: • Alternatives Alternatives for consideration include, but are not necessarily limited to, the following . Alternative 1 - Approve the existing condition This alternative would maintain a consistant policy of requiring that road frontage improvements be constructed with the development of the individual lot . In the staff 's opinion this section of road could be improved so that it would be suitable for transfer to the City maintained system . The necessary Improvements would not require extraordinary effort or incur excessive environmental degradation . The specific improvements assigned to the applicant would include the following: 1 . Install approximately 300 feet of two foot wide paved shoulder with asphalt dike. 2 . Extend one 2Lf inch culvert and install riprap at-the outlet. 3. Install riprap at the end of a 36 inch culvert . '1 . Reconstruct approximately liO feet of shoulder and • bank . The purpose of this is to widen the shoulder . S . Install a 45 degree downspout at the end of a 2Lt inch culvert . There are other improvements necessary before it would be recommended that this section of road be included in the City maintained system . These improvements are not located within the applicant 's frontage. Alternative 2a - Require no improvements, Santa Ana remains a ....._....._........._.. ..................................._............................... ..._........_.__...__ pri_vat_ely maintained road The applicant has suggested that the extension of Santa Ana beyond Santa Cruz remain a private road in its existing condition . This would be unfair to the remaining frontage property owners who may desire to have a City maintained road . The remainder of the Santa Ana frontage is important to general circulation and it would not be desirable for it to be privately maintained . • Alternative 2b - Require _ no _ _mprovements from .the applicant . Allow the Las Encinas II, Limited Partnership, to construct _the improvements . The precise plan review process is conducted separately from the City 's review of previous road agreements. In the precise plan review process each project is reviewed for conditioning utilizing the City 's adopted minimum road standards and City ordinances, with the overlying consideration of practicality . Currently , the City is negotiating with the Partnership to bring the road into substantial compliance with previous agreements . Alternative 3 - Require no ____imp... rovements, Santa Ana is __._........_..__. .. _... ......___._....__ _ transfered to the _City..__.._ma_intained_ road s stem This alternative is not recommended because the City would then have to pay the cost of improvements . It should be noted that the drainage improvements associated with he extension_. of culverts and installation of riprap are to prevent excessive erosion on the applicant 's land . The potential exists that if these improvements are not completed then the applicant or a future owner of the parcel will attempt to require the City to • install the improvements to prevent damage to the applicant 's property . FISCAL IMPACT: The exact cost remains to be determined . A rough estimate of the cost of improvements is $10, 000 to $1Lf, 000. enclosures: letter of appeal - August 9, 1990 City notice of approval - July 30, 1990 Improvement location map CC: Robert 0 . Gardner • 8/9/90 • To Community Development Department , Att : Henry Engen Regarding Precise Plan #70-90 14405 Santa Ana Road I would like to appeal the provision of approvel from Public Works to bring Santa Ana up to new City standards along the road- way that fronts the property. Being that my lot is fronted by the roadway on three sides and that the road dosen ' t go anywhere except to a dead end, and some unbuildable properties . Also that being the lot with roads that where recently put in we have no allowance for.This kind of additional expence , would put a extreem hardship on our project: I would be happy to meet you at the project and go over your and my thoughts . Our home sight is at the furthest left corner, so none of the improvements would ever be used by our house. A possibility discussed with staff members was that the City not except that road. Please fill free to call and get together on this . Yours Truly, l n „ Robert D. Gardner G.W. Land Company F AUG 1999 • Gv �n,�vi1� 1L: �1r`11jt1f�. ADMSNISTRATION BUILDING POST OFFICE BOX 747 ATASCADERO.CALIFORNIA 93423 PHONE: (805) 466.8000 POLICE DEPARTMENT POST OFFICE BOX 747 tascade�® ATASPHONE:. 93423 CITY COUNCIL PHONE: (CALIFORNIACA FORMA CITY CLERK466-6600 • CITY TREASURER �• CITY MANAGER INCORPORATED JULY 2. 1979 ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT FIRE DEPARTMENT PUBLIC WORKS DEPARTMENT 6005 LEWIS AVENUE PARKS AND RECREATION DEPARTMENT ATASCADERO,CALIFORNIA 93422 PHONE: (803) 466.2141 July 30, 1990 G.W. Land Company 7635 E1 Camino Real Atascadero, California 93422 RE: PRECISE PLAN 70-90 14405 Santa Ana Road Dear sir/ma'am: This is to inform you that the City of Atascadero has reviewed • your Precise Plan application for the construction of a single- family residence located at 14405 Santa Ana Road (Exhibit A) . As you may recall, an approved Precise Plan is necessary for any grading on slopes in excess of ten (10) percent. The project site and surrounding properties are currently zoned RS (Residential Suburban) , which allows for single-family residential use, as defined by Section 9-3. 142 (d) of the Zoning Ordinance. An Initial Study was conducted for this project, and a Negative Declaration was prepared, in accordance with City of Atascadero Resolution No. 1-86 and the California Environmental Quality Act (CEQA) . That is, upon review of the application and the particular characteristics of the project site, a determination was made by the Community Development Director that the project as proposed would not have a significant adverse effect on the environment. EXHIBIT A �7... CITY _' L'ilt`�SDERO f LOCATION MAP PRECISE PLAN #70-90 ("'�''' �we - • Tis COMMUNITY DEVELOPMENT DEPARTMENT �1 \' o s \ F " ' R5 ° • °O r'�y ,1 SITE Q ° i i • 1I � ' I i � I Exhibit C - Findings for Approval • Precise Plan 70-90 14405 Santa Ana Road (G.W. Land Co. /Gardner) 1. The proposed project, with the conditions contained herein, is consistent with the General Plan. 2. The proposed project and use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal • traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed grading is in compliance with the City' s Appearance Review Guidelines. PP-70-90. fin • 1 24 . ' CONST, A.C. 8F2M i rN5TALL LONG 450 DOWN 5Pl0UT 10 /N5TALL EX TD N 51 VE ?ANK RIP RAP . J sANr EXTEND CULVERT 1M5TALL RIP RAP 8 .95ac . MiEETIN� AGE Tt DATE fTEM# -S,...� • M E M O R A N D U M TO: City Council August 28 , 1990 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director AS SUBJECT: Appeal by Richard Montanaro of Planning Commission Denial of Proposed Tract Map (Condominium Conversion) - 11145 E1 Camino Real BACKGROUND: On July 17 , 1990 , the Planning Commission denied this proposed tract map to convert 64 recital units to condominiums . Michael S . Krout, Attorney for the applicant, Richard Montanaro, subsequently appealed this denial to the Planning Commission . The matter was inadvertently scheduled for the August 28th meeting of the City • Council : however, we are in agreement with the appellant to schedule the matter on September 11 , 1990 . REQUEST: Continue consideration of this matter to the September 117 1990 Council meeting. HE :ph CC : Michael S . Krout Richard Montanaro • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 Through: Ray Windsor, City Manager Meeting Date: 8/28/90 From: Gary R . Sims, Senior Engineer SUBJECT: SEWER FEES: Appeal by Harold S . Jacobs to waive sewer ._._......... _...._.__. fees for residents along a sewer extension on Mountain Uiew Road. RECOMMENDATION: Deny the request and require that the fees be paid according to Ordinance 161 . BACKGROUND: In June of 1990 the appellant completed a sewer extension Brom 9260 to 9355 Mountain Uiew Drive . This project involved- the installation of 385 feet of 8 inch diameter sewer, one manhole, one cleanout and 6 services . The sewer was extended to the south to a point where the descending terrain precludes further gravity • flow. Bedrock was encountered for much of the length of the construction, causing the final cost of the project to be significantly higher than originally estimated . The original construction cost, not including the laterals, was bid at $2`t, 7qO . By the end of construction, because of the rock encountered, the construction cost was $33, 277 . The appellant has been reimbursed by four out of the six frontage residents for the mainline construction . Each frontage resident except one has paid for the installation of a sewer service . The appellant intends to present a reimbursement agreement, for recovery of the remaining two shares for mainline extension, for adoption by the City Council according to Ordinance 181 , Chapter 8, "Mainline Extension, " section 7-8.001 , paragraph e . "The City may approve a refund agreement with persons who have paid more than their proportional cost of the sewer service extension. . The agreement shall provide for reimbursement of the excess cost borne by said persons at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connector to the sewer extension. " • According to Chapter 3, "Sewer Connection Required: Septic Tank Abandonment, " section 7-3.003, the frontage residences have 24 months to begin using the public sewer and to abandon their septic tanks . According to section 7-3 .005, the City Council may grant variances to this schedule. Three of the residences, located on the lake side of Mountain View Drive, are within cease and desist area boundaries. The sewer fees for each of the three residences located uphill from Mountain View Drive are as follows: Sewer Connection Fee C7-q .00q) . . . . . . . . . . . . . $ 573 .00 Sewer Tap Charge C7-'1 .006) . . . . . . . . . . . . . . . . . 0 .00 Annexation Fee C7-4 .009) . . . . . . . . . . . . . . . . . . . 1 , 210 .00 Total . . . . . . . . . . . . . . . . . . . . $ 1,783.00 The sewer fees for each of the three residences located downhill from Mountain View Drive, within the cease and desist area,%are as follows: Sewer Connection Fee C7-4 .00q) . . . . . . . . . . . . . $ 573 .00 Sewer Tap Charge C7-4 .006) . . . . . . . . . . . . . . . . . 0.00 Annexation Fee C7-q .010 c) . . . . . . . . . . . . . . . . . 850 .00 Total . . . . . . . . . . . . . . . . . . $ 1 423.00 • The total construction project cost, including engineering and construction is as follows: Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3, 3Lt6 .00 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 277 .00 Total . . . . . . . . . . . . . . . . . . . . . . $ 36,623.00 Total Construction Cost Per Residence . . . $ 6, 103.83 Section 7-q .011 allows the City Council to alter connection fees . "It is the intent of the City to equalize the cost of sewer service throughout the area of the City by the application of these regulations, and, notwithstanding any provisions of the foregoing sections, the City may in any instance increase or decrease the connection fee to be charged for any extraordinary service to achieve such objective. " Also, section 7-13 .003 provides a process of appeal to the City Council for relief from "unjust or inequitable" consequences resulting from the application of this ordinance . DISCUSSION: Alternatives Alternative 1 - Deny_the re_guest . The fees charged under the sewer ordinance are intended to offset the cost of the treatment plant and collection system . The system of fees allows the equitable distribution of past capital costs and provides for future capital costs for expansion of the Facilities. Alternative 2 - Provide a reduction or relief from all or any combination of the fees . FISCAL IMPACT- _ See "background" section above . enclosures: letter of appeal - Harold Jacobs (August 3, 1990) • cc: Harold S . Jacobs AUGUST 3, 1990 RAY WINDSOR CITY MANAGER CITY OF ATASCADERO 6500 PALMA : I ATASCADERO, CA . 93422 DEAR MR . WINDSOR : WE HAVE A MATTER WHICH WE WOULD LIKE PLACED ON THE _ FIRST AVAILABLE CITY COUNCIL AGENDA. - WE WISH TO REQUEST THAT THE CITY COUNCIL WAIVE SEWER HOOK-UP FEES ON THE SEWER EXTENSION ON MOUNTAIN VIEW ROAD WHICH WE JUST COMPLETED AT OUR EXPENSE. PLEASE NOTIFY US OF THE DATE THAT THIS MATTER MAY BE • HEARD . SI NCE LLyj HAROLD S . JACOBS FOR : GERALD TAYLOR 671 MENTONE "B" IVAN WEISS GROVER CITY, CA . 93433 JOHN KUDEN (805) 481-3521 AMK • f- • REPORT TO CITY COUNCIL - AGENDA ITEK: C-2 CITY OF ATASCADERO THROUGH: Ray Windsor, City Manager MEETING DATE: 8/28/90 FROM: Andrew Takata, Director L Department of Parks Recreation and Zoo SUBJECT: CITY ADMINISTRATION BUILDING - OFFICE RE-ARRANGM4ENTS AND SPACE REDISTRIBUTION BACKGROUND: With the relocation of the Police Department to El Camino Real, additional space has become available for redistribution of space. RECOMIIKENDATION• • The following is a list of recommended office re-arrangements and improvements for the City Administration Building. As you are aware, staff is working on improvements to the building. There has been several recent improvements to Room 106 (Dispatch Room) which will be utilized by the Parks, Recreation and Zoo Department for class registration as well as a reception area for the Lewis Avenue side of the building. Included in the renovations were carpeting, public counter and painting. Staff will be providing carpeting and painting in various offices in the Administration Building this fiscal year, as well as the painting of the hallways and stairwells. Other improvements proposed include Community Development, with the removal of a wall and the construction of a public counter in order to make the office more efficient and to accommodate the expansion. If Public Works and Administrative Services Departments are relocated, various improvements will be anticipated. In Room 104, partitions will need to be constructed or purchased to separate Historical Society and Genealogical Society. Placing Public Works Department on the same floor (third floor) • as the Community Development Department will allow the public to have easier access to departments involved with development. In many departments, demountable partitions will be necessary to 18 create privacy for individual staff members. The Council Chambers (4th Floor Rotunda) will receive permanent staff tables, and renovation of the public podium and amendments to the existing sound system. The Club Room will receive a donated conference table. In order to understand the various improvements, it is important to understand the exact moves that are being recommended for the various departments. The attached is a listing of current and proposed usages: Existing Room/Usage Proposed Room/Usage FIRST FLOOR: Room 101 - Parks, Rec & Zoo Parks, Recreation & Zoo Room 102 - Empty Conference Room -City Usage Room 103 - City Clerk Pubic Counter, manned by R.S.V.P. Room 104 - Empty Historical Society/ Genealogical Society Room 105 - Empty Dial-A-Ride Room 106 - Parks, Rec and Zoo Parks, Recreation & Zoo Registration SECOND FLOOR - Room 201-A - Engineering Council Office Room 201-B -Council Office Council Office Room 202 - Engineering Personnel Room 203 - Public Works - Supt. Administrative Services-Dir. Room 204 - Public Works - Dir. Storage- Small Conference Rm. Room 205 - Personnel R.S.V.P. Office Room 206 - Copy Room Copy Room Room 207 - City Manager City Manager Room 208-A, - Admin. Services City Clerk Room 208-B - Admin. Services City Attorney Room 209 - Finance Finance Room 210 - Finance Finance Existing Room/Usage Proposed Room/Usage THIRD FLOOR - Room 301 - Community Dvmt - Community Development - Director Director Room 302 - Community Dvmt - Community Development - Planners Planners Room 303 - Community Dvmt - Community Development - Enforcement/Storage Enforcement/Storage Room 304 - Conference Room Public Works - Engineering Room 305 - Employee Lounge - Pubic Works - Engineering Kitchen Room 306 - Employee Lounge Public Works - Engineering'_ Room 307 - Dial A Ride Public Works - Administration Room 308 - Genealogical Society Public Works - Administration • Room 309-A- Arborist Office Arborist Office Room 309-B- Community Dvmt - Community Development - Plan Checking Plan Checking Room 310 - Community Dvmt - Community Development - Building Division Building Division Room 311 - Community Dvmt - Community Development - Information Counter Information Counter Room 312 - Community Dvmt - Community Development - Planners Planners FOURTH FLOOR: Kitchen Employee Lounge Club Room - Club Room - Conference Room Conference Room Apartment No proposal at this time • ALTERNATIVES: Staff has reviewed with City Council members the proposed moves, in which several options were discussed. The following options are other than staff's recommendations: Option 1: Placement of the Community Development Department offices on the first floor with the Parks, Recreation and Zoo Department. Advantages: 1. Easier access to the department by the public. Community Development Department has the second highest traffic flow, with the Parks, Recreation and Zoo Department having the highest. Disadvantages: 1. Approximately 400 square feet smaller than the Department's existing area. 2 . Cost that has been incurred by fixing the present Community Development Offices. tion 2: • Placement of the Public Works Department on the first floor with the Community Development and Parks, Recreation and Zoo Department. Advantages: 1. Community Development and Public Works Department interact on the design review process. 2. Easier access by the public. Disadvantages: 1. The space allocation with both Parks, Recreation and Zoo and the Community Development Departments occupying the first floor, makes it approximately 2, 000 square feet less than the Community Development and Public Works Departments presently occupy. • Option 3• The City Clerk to remain on the first floor. Advantages: 1. Easy public access to the City Clerk. DISADVANTAGES: 1. City Clerk and Secretary to the City Manager will not be able to cover for one another. 2 . Easier access by the City Manager. 3. Possible other office utilization. Option 4: 1. Placement of the City Council offices on the first floor. Advantages: 1. Ease access by the public. Disadvantages: 1. No real disadvantage except possible use of the office by other departments or organizations. OPTION 5• Modernizing the present elevator: Advantages: 1. It will make the second, third, and fourth floors more accessible to the public. Disadvantages: 1. Cost would be between $70, 000 to $85, 000 to retrofit. AJT:kv ;admin3 • Palma Avenue G G G O #102 #103 7 Atascadero \ 104 . 171 Historical society i a G \ I useum Elev; � �. �I06 � #105 . o � G . G • o o IRSFT H Palma Avenue O O O O 0 0 0210, #2.10 ' #209-B A g i 2 8 #2014 " . #208 201-B #207 , 0202-A D4jee #202 00m COPY 1t• 2�_(Z� 0203 Rest Room 0204 F 0 0 0 0 0 , 0 SECONID FLOOR • PaZma Avenue • #310 - #312 • - _#311w - 0309 #30�, #3081 . L _ � . .�'�'► #302 . "30 - #303 lri 71 -#305. #306 #304 Tr` 1111" D FLOOR CZub fi Room I AFI Erl :i.' !. rl iFiI N I ► L ; Storage I �S' torage Rotunda It_� Room i 4 O O , ILLKitchen ! FOURTH • BASEMENT 1 � J,C, 'S I( s D. ST AGE SSP -� DI RT IL � L _ BOILER SHOP -• d 1 1 _CUSTODIAL a a o S D.A, R, ST RAGE July 19, 1990 • City Council of 2; � Atascadero Historical Society Post Office Box 1041, Atascadero, California 93423 Phone (805)466-8341 i A Non-Profit Corporation n« I SEC W � ADMINISTRATION BUILDING CALIFORNIA STATE HISTORICAL LANDMARK NUMBER 958 LISTED IN NATIONAL REGISTRY OF HISTORICAL PLACES CITY MGR. July 10, 1990 Ray Windsor, City Manager City of Atascadero 6500 Palma Avenue =. Atascadero, CA 93422 Dear Mr. Windsor: The Atascadero Historical Society is writing to you for your help on an urgent matter. Now that the Police Department has moved out of the City Administration Building, we respectfully request use of one or more of the first floor rooms. When the Library moved to its present location we were informed that we could have the room that the Parks, Recreation & Zoo Department now occupies (Children's Library). It is unclear to us why we didn't get the room, but we want to make sure we don't lose out, again, in our quest for more space. Currently, the main space the Atascadero Historical Society occupies is the Museum, which is a public place. It cannot be in disorder while exhibits are being changed [except during filming of movies] . The only other space is in the caverns of the basement, which is mostly for storage of artifacts. It is very inconvenient to continually be hiking up and down stairs to put together an exhibit. We feel that the additional separate room on the first floor will really help our cramped situation, and make the Museum more efficient at the same time. We appreciate your assistance in this matter. Sincerely, Norman Ruskovich, 2nd V.P. Irene T. Bishop Acting President Secretary Historical Society Museum LOWER ROTUNDA, ADMINISTRATION BUILDING 6'5500 PALMA AVENUE, ATASCADERO _ 11MLi.IrNlw hll�l.r ATASCADERO HISTORICAL SOCIETY COpYNME Post Office Box 1047 Atascadero, California 93423 _ A Non-Pno6it Conpoha•tion 41if.r.1.Note Ust.rlyd .f li.l..i..l �1.... April 30, 1988 Aayor and City i4anager R t C E IV EC) City Council and City Staff MAY City of Atascadero P.O. Box 747 C;T"' MGR. Atascadero, Ca. 93423 The Historical Society would like to ask for consideration of additional room for the Museum when the Library moves out. The i•iuseum has been located in the Lower Rotunda for twenty one years, costing the City only for utilities all that time. We believe the room itself is a Museum and should be preserved for itself so we. are not suggesting giving it up but are ask- ing for additional space. The Museum is one of the assets listed in travel guides:_ Many people come off the highway to see the building and the Museum. During the year the Museum hosts thousands of visitors both locally and tourists. It could be done more efficiently with more room. With the bad acoustics it is difficult to do slide shows or lectures in the Museum but in the Library all these in aadition to a research room and a neater iiuseum would be possible. We realize the City is currently cramped for space but with the removal of the Libraries and the Police there should be enough room for the Museum to use one Library, whichever would be the least desirable to the City. Thank you for your consideration. Sincerely, Russell (Clay) G drich, •_resident Atascadero Historical Society ?.u. Box 1047 Atascadero, Ca. 93423 Historical society Museum. - - 'Lower Rotunda, Administration Building 6500 Palma Avenue, Atascadero ADMINISTRATION BUILDING POST OFFICE BOX 747 ATASCAOERO.CALIFORNIA 93423 POLICE DEPARTtAENT PHONE: (605) 466.6060 POST OFFICE BOD( 747 ATASCADERO.CALIFORNIA 93423 CITY COUNCIL aseadees PHONE: (605)466.6600 CITY CLERK r. CITY TREASURER INCORPORATED JULY 2. 1979 CITY MANAGER � �� " ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT 'ATASCADERO•CALIFORNIA 93422 PARKS AND RECREATIONDEPARTMENT PHONE: 16051 466.2141 May 6, 1988 Atascadero Historical Society Post office Box 1047 Atascadero California 93423 Attn: Mr. Russell Goodrich, President Re: Additional Space Consideration for—the Museum Dear Mr. Goodrich: _ Thank you for your letter of April 30, 1988, requesting consideration of additional space for the, Historlical Society' s Museum', when the Atascadero Library , ,vacates the City Administratiori' Building. We .are aware of the Society' s interest in;; gom, additional space, and we` believe ' that those needs canbe accommodated in coordination with the requirements of the, "Parks,, and Recreation Department. City staff will be following through with that objective„ as the shifts in departmental relocation occur. As to the timing of availability of space, I am sure you are aware that will also depend, to some extent, on the relocation of the Police Department as well as the Library. In any event, we are conscious of the Historical Society' s interest, and will maintain liaison with you as these relocations unfold. Sin erely, ,lZ William C. Ha ley Interim City Man r WCH:kv cc: City Council Members Department Heads